Morales v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Angelina. Tried below before Hon. Tom C. Davis, Special Judge. This appeal is from a conviction for murder in the first degree, with the penalty assessed at death. The indictment charged defendent with the murder of Juarez Hernandez, in Angelina County, on the 24th of August, 1895, by stabbing and cutting him with a knife, dagger, etc. Deceased was a “tamale man,” in the town of Lufkin, and was killed on the night of the 24th of August.
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Appeal from the District Court of Angelina. Tried below before Hon. Tom C. Davis, Special Judge. This appeal is from a conviction for murder in the first degree, with the penalty assessed at death. The indictment charged defendent with the murder of Juarez Hernandez, in Angelina County, on the 24th of August, 1895, by stabbing and cutting him with a knife, dagger, etc. Deceased was a “tamale man,” in the town of Lufkin, and was killed on the night of the 24th of August. Defendant was seen with him that day, and was the last party seen with him that night. Defendant fled, and was arrested in…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death, and he prosecutes this appeal. In this case the court gave a very lengthy charge. After defining murder in the first and second degrees, and malice, both express and implied, he then proceeded to charge on murder in the first and second degrees, manslaughter, and self-defense. No exception was taken to this charge, but, inasmuch as it is the duty of the court to correctly charge the law applicable to the case, it becomes our duty to review said charge. In order to present the matter…
2Cases cited1 opinion
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by33 opinions
- Butler v. StateCourt of Criminal Appeals of Texas · 1973
- Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
- Click v. StateCourt of Criminal Appeals of Texas · 1931
- Brent v. StateCourt of Criminal Appeals of Texas · 1921
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
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