Smith v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Orange. Tried below before Hon. Stephen P. West. Appeal from a conviction for murder in the first degree; penalty, death. Appellant was charged by the indictment with the murder of J. W. Roby, by shooting him with a gun, on the 9th day of September, 1898. The essential facts attendant upon the killing are very concisely but sufficiently stated in the latter portion of the opinion below, and no further statement is deemed necessary.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.
As a ground of his motion for new trial, he urged that the copy of the indictment served upon him was defective. This matter comes too late after conviction.
The charge of the court is complained of, and an isolated sentence in regard to threats is culled by appellant as error. The charge as a whole in regard to this matter should be considered. The following is the charge given: “Threats made by one to kill another will not justify the latter in killing the…
2Cited by10 opinions
- State v. FouquetteNevada Supreme Court · 1950
- State v. MorrillSupreme Court of Vermont · 1969
- Kipper v. StateCourt of Criminal Appeals of Texas · 1903
- Bascom v. StateCourt of Criminal Appeals of Texas · 1929
- Green v. StateCourt of Criminal Appeals of Texas · 1907
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