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6 Tex. 348

Gardenheir v. State

Texas Supreme Court

Decided July 1, 1851

Texas Supreme Court · decided 1851-07-01

The appellant was indieted for an assault with intent to murder. On the trial the prosecuting attorney did not ask a conviction for any offense but a common assault and batter3>-, which was found by tiie jury, and judgment thereupon rendered bj' the court. The defendant, moved for a new trial, which was refused, and he appealed.

Cited by 1 later decisions — most recently February 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-01

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Ltfscomb, J.

¶1The only question presented by tiie record is the same presented and decided in tiie ease of George Giveus e. The State — whether, such *175finding was lawful. And we decided in that case thafc It was good. The judgment of the court below must therefore be affirmed.

Note 64.—Givens v. The State, ante, 344.

¶2Judgment affirmed.

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