Melton v. State
Court of Criminal Appeals of Texas
The testimony of Dr. Joe Sanders showed that he went out in his pasture to catch his horse, and when about 160 yards from defendant’s house, he saw him walk out of it across the big road to where deceased was plowing just on the inside of the fence, who was turning at the end of a cotton row, and was about thirty or thirty-five feet north of due east line from defendant’s front door.
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The testimony of Dr. Joe Sanders showed that he went out in his pasture to catch his horse, and when about 160 yards from defendant’s house, he saw him walk out of it across the big road to where deceased was plowing just on the inside of the fence, who was turning at the end of a cotton row, and was about thirty or thirty-five feet north of due east line from defendant’s front door. Witness went on back to his house, went through the house and sat down on his front gallery and looked down where defendant and deceased were standing. Defendant was still standing on the outside of the fence and…
1Opinion of the Court
This conviction is for murder in the second degree, the punishment being fixed at fifteen years in the penitentiary.
The State introduced Mrs. Ellington (wife of deceased) as a witness, and had her to display before the jury the blood stained clothing worn by her husband at the time of the homicide. Various objections were urged to the introduction of the bloody clothing. Under the authority of Cole v. State, 8 Texas Ct. Rep., 141, this evidence should not have been introduced. It served no legitimate purpose; it did not aid in any way in solving any issue in the case. There was no question in…
2Cases cited2 opinions
- Moore v. StateCourt of Criminal Appeals of Texas · 1904
- Spears v. StateCourt of Criminal Appeals of Texas · 1900
3Cited by25 opinions
- Lagrone v. StateCourt of Criminal Appeals of Texas · 1919
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Flege v. StateNebraska Supreme Court · 1913
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1908
- State v. StansberrySupreme Court of Iowa · 1918
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