Barnes v. State

Court of Criminal Appeals of Texas

Barnes v. State

251 S.W.2d 542, 157 Tex. Crim. 591, 1952 Tex. Crim. App. LEXIS 1898

CourtCourt of Criminal Appeals of Texas

DecidedJune 25, 1952

DocketNo. 25,923

StatusPublished

This text of 251 S.W.2d 542 (Barnes v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. State, 251 S.W.2d 542, 157 Tex. Crim. 591, 1952 Tex. Crim. App. LEXIS 1898 (Tex. 1952).

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Opinion

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, ten years.

[592]*592One Dickey, the injured party, testified that he went to a tap room, where appellant was tending bar; that he ordered a beer; that appellant served him and demanded the money for the beer. Dickey stated that, in a joking manner, he asked appellant if he wanted the money then or later; that appellant asked Dickey if he didn’t think he was tough and, at the same time, reached under the counter, got a pistol and fired point blank at him, which bullet took effect in his shoulder and caused bim to fall to the floor. Dickey further testified that, as he lay on the floor, appellant fired at him again, hitting him in the arm; and that, as a result of these bullet wounds, he became paralyzed from the mid-chest downward; and that he was still in a wheel chair at the time of the trial some 15 months later.

A Mrs. Clinkscales testified that she saw appellant fire the second shot at Dickey, while he was lying on the floor; and that a woman was behind the bar trying to get the appellant to desist before the second shot was fired.

Appellant, testifying in his own behalf, gave practically the same account of the transaction as had Dickey, except that appellant claimed that Dickey was standing up at the bar holding a beer bottle by the neck at the time he fired both shots.

We find the evidence sufficient to support the conviction.

There are no bills of exception in the record.

The proceedings appearing regular, the judgment of the trial court is affirmed.

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MORRISON, Judge.

The offense is assault with intent to murder; the punishment, ten years.

[592]*592One Dickey, the injured party, testified that he went to a tap room, where appellant was tending bar; that he ordered a beer; that appellant served him and demanded the money for the beer. Dickey stated that, in a joking manner, he asked appellant if he wanted the money then or later; that appellant asked Dickey if he didn’t think he was tough and, at the same time, reached under the counter, got a pistol and fired point blank at him, which bullet took effect in his shoulder and caused bim to fall to the floor. Dickey further testified that, as he lay on the floor, appellant fired at him again, hitting him in the arm; and that, as a result of these bullet wounds, he became paralyzed from the mid-chest downward; and that he was still in a wheel chair at the time of the trial some 15 months later.

A Mrs. Clinkscales testified that she saw appellant fire the second shot at Dickey, while he was lying on the floor; and that a woman was behind the bar trying to get the appellant to desist before the second shot was fired.

Appellant, testifying in his own behalf, gave practically the same account of the transaction as had Dickey, except that appellant claimed that Dickey was standing up at the bar holding a beer bottle by the neck at the time he fired both shots.

We find the evidence sufficient to support the conviction.

There are no bills of exception in the record.

The proceedings appearing regular, the judgment of the trial court is affirmed.

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Bluebook (online)

251 S.W.2d 542, 157 Tex. Crim. 591, 1952 Tex. Crim. App. LEXIS 1898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-state-texcrimapp-1952.