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32 Tex. 609

Kindred v. State

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Tried below before the Hon. Wesley Ogden. The appellant was indicted and convicted of an aggravated assault, and his punishment was assessed at a fine of one hundred and fifty dollars. Being refused a new trial, h'e appealed.

Cited by 1 later decisions — most recently September 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

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Lindsay, J.

¶1On the application for a new trial, the motion was grounded upon the alleged reasons: 1. That the verdict of the jury was contrary to the evidence. 2. That the court erred in the charge of the law to the jury.

¶2As there is no statement of facts in the record, the court can not notice the first of these reasons. And as to the second, in considering, the charge, the court, for want of the facts, can only determine whether the law announced in the charge is abstractly correct.

¶3In scrutinizing that charge, this court finds no principle announced unsanctioned by law. Whether the facts proved upon the trial required the enunciation of all the principles contained in the charge, this court has no means of knowing. The judgment is affirmed.

¶4Affirmed,

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