JURY INSTRUCTIONS IN THE CASE OF THE STATE OF TEXAS VS. ED McCANN, CASE NO. 2343, NAVARRO COUNTY, AUGUST TERM 1895, ACCUSED OF AGGRAVATED ASSAULT UPON JIM SHAUGHNER WITH A KNIFE AND CUTTING HIM IN A MANNER TO INFLICT "SERIOUS BODILY INJURY" : "GENTLEMEN OF THE JURY THIS DEFT. ED McCANN STANDS CHARGED BY INFORMATION WITH THE OFFENSE OF AGGRAVATED ASSAULT AND BATTERY ALLEGED TO HAVE BEEN COMMITTED IN THE COUNTY OF NAVARRO AND STATE OF TEXAS ON OR ABOUT THE 13TH DAY OF FEBRUARY A.D. 1895. TO WHICH CHARGE THE DEFENDANT HAS PLEADED 'NOT GUILTY.' ... THE USE OF ANY UNLAWFUL VIOLENCE UPON THE PERSON OF ANOTHER WITH THE INTENT TO INJURE HIM WHATEVER BE THE MEANS OR DEGREE OF VIOLENCE USED IS AN ASSAULT AND BATTERY. ASSAULT AND BATTERY BECOMES AGGRAVATED WHEN A SERIOUS BODILY INJURY IS INFLICTED UPON THE PERSON ASSAULTED OR WHEN COMMITTED WITH DEADLY WEAPONS UNDER CIRCUMSTANCES NOT AMOUNTING TO AN INTENT TO MURDER OR MAIM. A DEADLY WEAPON IS ONE WHICH IN THE MANNER USED IS LIKELY TO PRODUCE DEATH OR SERIOUS BODILY INJURY. . . " SIGNED AT END "M.L. SHELTON, COUNTY JUDGE OF NAVARRO" AND DOCKETED ON FINAL PAGE "WE JUROR [SIC] FIND THE DEFENDANT GUILTY ASSESS HIS FINE $25. R.A. FIFE, FOREMAN." .

Navarro County, TX: 1895. Folio, 8-1/4" x 14". Five leaves bound with stick pin in top blank margin, lined paper with red margins. [4], [1-docket] pp. The first three leaves are manuscript on recto only, the fourth is a printed form, its recto defining the presumption of innocence and reasonable doubt. The directions to the jury have been signed M.L. Shelton, County Judge Navarro County, Texas. Lightly wear, Very Good.

McCann allegedly cut Jim Shaughner with a knife. The Court's instructions explain the different types of assault, distinguishing them from self-defense. If McCann had cut Shaughner in self-defense, the jury would have been required to acquit him. The jury found McCann guilty and he was fined $25. Our research found one young man by the name Edward McCann in Navarro County in the U.S. Federal Census records, listed as a mulatto male born about 1874.
"Martin L. Shelton, Nov. 1894 - Oct. 1896, a member of the law firm of Grantham & Shelton, was County Judge for two years, holding office when the new oil field was brought in. Personal information is lacking, but records indicate he was a bachelor and resided on North Nineteenth Street."[Judges of Navarro County, Texas, Originally published in "The Navarro County Scroll", Vol. XX, 1975.] Our research found him sitting as a judge in Navarro as early as 1892 when he suggested a new systems for working roads and advocating a special tax to work the county convicts more extensively. [TRANSACTION OS THE TEXAS ACADEMY OF SCIENCE, VOL. I, NO. I, Nov. 1892, p. 87.]. Item #37389

Price: $275.00

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