Bassham v. State
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. Hardin Hart. The appellant was indicted for the murder of Jasper Brock. The evidence shows that the appellant, about half an kour before the homicide, attempted to borrow a pistol from two different parties. Immediately on meeting Brock appellant said, “ Brock, you have insulted my wife, and I will kill any d-d son-of-a-b-h who insults my wife,” and thereupon shot him, killing him instantly.
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Appeal from Ellis. Tried below before the Hon. Hardin Hart. The appellant was indicted for the murder of Jasper Brock. The evidence shows that the appellant, about half an kour before the homicide, attempted to borrow a pistol from two different parties. Immediately on meeting Brock appellant said, “ Brock, you have insulted my wife, and I will kill any d-d son-of-a-b-h who insults my wife,” and thereupon shot him, killing him instantly. From the question submitted to the court by the jury rafter their retirement, it would seem that Brock made some reply, but the statement of facts does not…
1Opinion of the CourtWalker, J.
There being no brief for appellant in this case, nor any assignment of errors found in the record, ^we are forced to look for a ground on which a reversal is sought to the motion for a new trial and the bill of exceptions.
A new trial was sought on the ground that the court erred in the charge to the jury, in that it directed the jury not to consider the defendant’s declarations at the time of the homicide as of any weight.
The instruction appears to have been given in reply to an inquiry coming to the court from the jury, and, looking to the statement of facts, we cannot see that instruc- .…
2Cited by4 opinions
- State v. McKnightNew Mexico Supreme Court · 1915
- Trammell v. StateCourt of Criminal Appeals of Texas · 1942
- Applewhite v. StateCourt of Criminal Appeals of Tennessee · 1979
- Kindrix v. StateSupreme Court of Arkansas · 1919