Stauffer v. State

Court of Criminal Appeals of Texas

Stauffer v. State

38 S.W.2d 96, 118 Tex. Crim. 51, 1931 Tex. Crim. App. LEXIS 532

CourtCourt of Criminal Appeals of Texas

DecidedApril 22, 1931

DocketNo. 14146.

StatusPublished

This text of 38 S.W.2d 96 (Stauffer 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

Stauffer v. State, 38 S.W.2d 96, 118 Tex. Crim. 51, 1931 Tex. Crim. App. LEXIS 532 (Tex. 1931).

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Opinion

LATTIMORE, Judge.

Conviction for assault to murder; punishment, five years in the penitentiary.

Appellant’s motion for new trial was overruled on September 30,' 1930, and an order entered granting to appellant eighty days in which to file bills of exception and statement of facts. The bills of exception were not filed until December 23, 1930. Same were filed after the expiration of the time granted in said order, and therefore, cannot be considered by us.

The statement of facts shows that appellant shot Mrs. Benson some four times with a pistol. According to the state’s testimony this shooting followed an assault made upon her by him with his fists in which he bruised her face and body. The record amply supports the motive of jealousy. Mrs. Benson had been going with appellant some time, but had recently been in company with another man. Just before the shooting she told appellant that she was through with him. On the trial of this case she took the witness stand and gave testimony in behalf of appellant. The evidence is in the usual condition of conflict, that of the state, however, being deemed amply sufficient to justify the solution of the matter in favor of the state by the jury.

No error appearing, the judgment will be affirmed.

Affirmed.

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LATTIMORE, Judge.

Conviction for assault to murder; punishment, five years in the penitentiary.

Appellant’s motion for new trial was overruled on September 30,' 1930, and an order entered granting to appellant eighty days in which to file bills of exception and statement of facts. The bills of exception were not filed until December 23, 1930. Same were filed after the expiration of the time granted in said order, and therefore, cannot be considered by us.

The statement of facts shows that appellant shot Mrs. Benson some four times with a pistol. According to the state’s testimony this shooting followed an assault made upon her by him with his fists in which he bruised her face and body. The record amply supports the motive of jealousy. Mrs. Benson had been going with appellant some time, but had recently been in company with another man. Just before the shooting she told appellant that she was through with him. On the trial of this case she took the witness stand and gave testimony in behalf of appellant. The evidence is in the usual condition of conflict, that of the state, however, being deemed amply sufficient to justify the solution of the matter in favor of the state by the jury.

No error appearing, the judgment will be affirmed.

Affirmed.

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Bluebook (online)

38 S.W.2d 96, 118 Tex. Crim. 51, 1931 Tex. Crim. App. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stauffer-v-state-texcrimapp-1931.