Legal Opinion

Bruce v. State

Court of Criminal Appeals of Texas

Decided June 14, 1899No. 1651PublishedCited by 9 opinions

The indictment charged appellant with the murder of T. S. Bone, on the 7th day of December, 1898, by shooting him with a pistol. The essential facts shown by the record, briefly stated, are: That defendant, Bruce, was a young married man and T. S. Bone, deceased, had boarded with him and owed him a bill for five months board, which he failed and refused to pay; and Bruce sued him and recovered a judgment.

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The indictment charged appellant with the murder of T. S. Bone, on the 7th day of December, 1898, by shooting him with a pistol. The essential facts shown by the record, briefly stated, are: That defendant, Bruce, was a young married man and T. S. Bone, deceased, had boarded with him and owed him a bill for five months board, which he failed and refused to pay; and Bruce sued him and recovered a judgment. Bone sued Bruce for damages for injury to his horse, but dismissed his suit. Bruce had execution issued on his judgment against Bone; but, failing to make his judgment debt, finally…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of manslaughter, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

Appellant complains of the court’s .charge in the following particular, to wit: We quote: “It was in evidence that appellant and deceased met in the public road, and deceased assaulted appellant, and was choking him to an extent that appellant could not speak, and was about to force him to the ground, when appellant, who was much the smaller man, pulled his pistol, and killed deceased. The court charged the language of article 679,…

2Cited by9 opinions

  1. Hays v. StateCourt of Criminal Appeals of Texas · 1972
  2. Simpson v. StateCourt of Criminal Appeals of Texas · 1920
  3. Harper v. StateCourt of Criminal Appeals of Texas · 1918
  4. Housley v. StateCourt of Criminal Appeals of Texas · 1909
  5. In re SinclairUnited States Bankruptcy Court, S.D. Texas · 2016

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