O'Bar v. State

Citations

• 32 Tex. 465

Syllabus

<p>1—On the same overt act the accused was charged in two separate indictments, one being for assault with intent to kill, and the other for assault with intent to rob. The jury found him guilty of the assault with intent to kill; whereupon the other indictment was submitted by agreement to the same jury, and they returned on it a verdict of acquittal, with the explanation that this charge had been considered on the trial of the indictment for assault with intent to kill, of which they had convicted the accused. The evidence would have warranted a conviction on the charge of which the accused was thus acquitted; but it did not establish an assault with intent to kill, of which he had been convicted. Held, that notwithstanding the accused was manifestly guilty of a high crime, this improper conviction must be set aside; and as the accused had been acquitted of the only offense established by the evidence, the case is dismissed.</p>