Hinton v. State
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. 1ST. W. Battle. This was an indictment found on the fifth day of April, 1859, charging William J. Hinton with the murder of Pleasant 0. Whittaker. The facts proved upon the trial, showed that the defendant and the deceased were brothers-in-law; and that the defendant came to Whittaker’s house, on the evening before the difficulty, and staid all night.
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Appeal from Falls. Tried below before the Hon. 1ST. W. Battle. This was an indictment found on the fifth day of April, 1859, charging William J. Hinton with the murder of Pleasant 0. Whittaker. The facts proved upon the trial, showed that the defendant and the deceased were brothers-in-law; and that the defendant came to Whittaker’s house, on the evening before the difficulty, and staid all night. The deceased had previously been drinking, and was very much debilitated, and as his wife testified, “able to go about from room to room, and that was about all.” The wife of the deceased, and…
1Opinion of the CourtRoberts, J.
The appellant was convicted of murder in the first degree. Upon the cross-examination of Mrs. Whittaker, a witness for the State, she stated that her husband had previously told her, that Hinton would kill him some day. This evidence was not objected to at the time it was given, nor was any motion made during the trial, to exclude it from the consideration of the jury. It might have been, so far as the record shows, a proper response to some question propounded by the counsel for the prisoner; therefore, it is not now any cause for reversal of the conviction in this court.
The defendant’s…
2Cited by11 opinions
- Richardson v. StateCourt of Criminal Appeals of Texas · 1922
- State v. PreeceWest Virginia Supreme Court · 1935
- Bush v. StateCourt of Criminal Appeals of Texas · 1899
- Wells v. StateCourt of Criminal Appeals of Texas · 1911
- Pitts v. StateCourt of Appeals of Texas · 1891
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