James v. State

Citations

• 44 Tex. 314

Syllabus

<p>1. Amendment of indictment.—Was properly allowed where the word “ court ” was omitted where it should have been inserted to show where the prosecution was had.</p> <p>2. Right of sheriff in preventing an escape.—See discussion of the authority given the sheriff to use force in preventing an escape by a prisoner in custody.</p> <p>3. Assault with intent to murder.—Where a prisoner attempting an escape was pursued and fired on by the sheriff, and the prisoner returned the fire, and was on trial for an assault with intent to murder the sheriff, and the testimony tends to show that the defendant may have supposed the sheriff had wrongfully fired on him and had attempted or endangered his life, and that what was done by defendant was whilst laboring under the influence of resentment or passion arising from such provocation, the jury should be instructed so as to give the accused the benefit of such evidence in reducing the punishment to a misdemeanor.</p> <p>4. Assault upon an officer.—While the law makes the killing of a sheriff in the discharge of his duty murder, still if he act outside of his authority or exercise it unlawfully, the party resisting his acts is not prevented by the official-character of the sheriff from setting up said unlawful acts to justify or extenuate the offense against the officer in resisting such acts.</p>