Henderson v. State

• Decision Date: 20 March 1907
• Citation: 101 S.W. 245
• Parties: HENDERSON v. STATE.
• Court: Texas Court of Criminal Appeals

101 S.W. 245

HENDERSON v. STATE.

Court of Criminal Appeals of Texas.

March 20, 1907.

Appeal from Navarro County Court; C. L. Jester, Judge.

Will Henderson appeals from a conviction. Reversed and remanded.

L. R. Calloway, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of aggravated assault; his punishment being assessed at six months' confinement in the county jail, and a fine of $300.

The state made out a case through its witness Estes, who testified that appellant came to the house of Sam Henderson, a relative of appellant, where the witness Estes was living, some time during the night, after the witness had retired; that appellant was accompanied by others, all of them having their faces blackened as a means of disguise. The witness stated that he did not recognize the others, but that appellant's disguise was very imperfect—was not sufficient to obscure his identity; that he fully recognized him; that the crowd took him out of his room in his nightclothes, took him to a barn near by, and hung him by the neck, inflicting pain upon him; that he finally escaped; and that they shot at him as he ran away.

Three grounds of aggravation are set up in the information. Appellant's evidence was all introduced to prove an alibi. There were eight witnesses including himself, who testified very pointedly and pertinently to the fact that he was at home, and not away from his home, during the night. Facts are given by the different witnesses that emphasize the accuracy of their knowledge in regard to appellant's presence at his own home during the entire night on which the assault is alleged to have been committed. Without going into a detailed statement of these matters, which we deem unnecessary, enough has been stated to show that the matter of alibi was the issue upon which appellant's side of the case rested and turned. Submitting this issue to the jury, the court used the following language: "In this case evidence introduced in behalf of defendant suggests an alibi. An alibi is defined to be the presence in another place than that described. When a person charged with a crime proves that he was at the time alleged in a different place from that in which it was committed, he is said to prove an alibi; and if you believe from the evidence that the defendant was in other place than that where the offense charged was committed (if you believe there was an offense committed), then you cannot convict defendant, and you will acquit him," etc. A bill of exceptions was reserved to this; several grounds being stated. As we understand the law, this...