Sowell v. State
Court of Criminal Appeals of Texas
On a trial under an indictment charging him with assault with intent to murder one W. N. Erwin, defendant was convicted of that offense, with his punishment assessed at two years in the penitentiary.
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On a trial under an indictment charging him with assault with intent to murder one W. N. Erwin, defendant was convicted of that offense, with his punishment assessed at two years in the penitentiary. Under instructions of the court, we give the testimony shown in the statement of facts, as follows: W. N. Erwin, for the State, testified: That on the 30th day of August, 1892, in the town of Paige, in Bastrop County, Texas, the defendant, Dick Sowell, shot at witness while witness was on the gallery of his saloon, the ball striking witness and inflicting a wound in the rear of witness’ person…
1Opinion of the Court
The theory upon which the court declined to charge on manslaughter was, that appellant provoked the contest with Erwin in the saloon, with the apparent purpose of killing, or inflicting great or serious bodily injury upon him. If this were true, the fact that appellant got injured, and subsequently returned with his gun and shot Erwin, would not reduce his offense to manslaughter; but if such was not his purpose, and appellant formed the design to kill Erwin after he was struck down by him, then a different question is presented. Cunningham's case, 17 Texas Cr. App., 98.
It has been repeatedly…
2Cited by8 opinions
- Keith v. StateCourt of Criminal Appeals of Texas · 1906
- Pye v. StateCourt of Criminal Appeals of Texas · 1913
- Knight v. StateCourt of Criminal Appeals of Texas · 1918
- Huber v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Martin v. StateCourt of Criminal Appeals of Texas · 1913
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