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Nichols v. State

Court of Criminal Appeals of Texas
Jun 14, 1950
231 S.W.2d 425 (Tex. Crim. App. 1950)

Opinion

No. 24816.

June 14, 1950.

Appeal from the District Court, Deaf Smith County, Harry H. Schultz, J.

None on appeal for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


This is a conviction for assault with intent to murder; the punishment, ten years' confinement in the penitentiary.

According to the State's testimony, appellant, without justification, shot the injured party with a pistol.

Appellant's theory of self-defense was rejected by the jury.

The facts warrant the jury's conclusion of guilt.

The sole question presented for review is the action of the trial court in overruling appellant's application for a severance to put Leo Nichols, his brother, upon trial first.

It is sufficient to say that the bill of exception shows that the granting of the application would have required a continuance of the case. A severance will not be granted when to do so would operate to continue the case. Art. 651, C.C.P.; Applegate v. State, 115 Tex.Crim. R., 30 S.W.2d 327; Calloway v. State, 137 Tex.Crim. R., 129 S.W.2d 646.

The judgment is affirmed.

Opinion approved by the court.


Summaries of

Nichols v. State

Court of Criminal Appeals of Texas
Jun 14, 1950
231 S.W.2d 425 (Tex. Crim. App. 1950)
Case details for

Nichols v. State

Case Details

Full title:NICHOLS v. STATE

Court:Court of Criminal Appeals of Texas

Date published: Jun 14, 1950

Citations

231 S.W.2d 425 (Tex. Crim. App. 1950)