Childers v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Kendall. Tried below before Hon. EugeNE Archer. This appeal is from a judgment of conviction for murder of the second degree, wherein the punishment assessed was a term of twelve years’ imprisonment in the penitentiary. This is the third appeal taken in this case.
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Appeal from the District Court of Kendall. Tried below before Hon. EugeNE Archer. This appeal is from a judgment of conviction for murder of the second degree, wherein the punishment assessed was a term of twelve years’ imprisonment in the penitentiary. This is the third appeal taken in this case. The first appeal will be found reported in 13 Southwestern Reporter, 650. The second appeal will be found in 30 Texas Criminal Appeals, 160. In both cases the conviction was for murder in the second degree. After the reversal of the case on the second appeal, to wit, on the 17th day of April, 1893,…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at twelve years.
There is but one question in this ease, and that is whether the evidence supports a conviction of murder in the second degree. While passion and want of premeditation may characterize both murder in the second degree and manslaughter, yet they are clearly to be distinguished by the causes leading to the homicide. If the cause is such as will be reasonably calculated to rouse the passion of a man of ordinary temper, and render him incapable of cool reflection, it is deemed an…
2Cases cited1 opinion
- Garello v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by17 opinions
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- Steen v. StateCourt of Criminal Appeals of Texas · 1920
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1908
- Watson v. StateCourt of Criminal Appeals of Texas · 1906
- Redman v. StateCourt of Criminal Appeals of Texas · 1911
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