Darter v. State
Court of Criminal Appeals of Texas
The indictment charged the appellant with the murder of one Frank Ward, on or about the 9th day December, 1896, by shooting him with a pistol. The parties appear to have been friends, who, with one or two other parties, had brought their cotton in wagons from Madison County, where they lived, to Huntsville. The night before they reached Huntsville, deceased and defendant played cards at their camp.
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The indictment charged the appellant with the murder of one Frank Ward, on or about the 9th day December, 1896, by shooting him with a pistol. The parties appear to have been friends, who, with one or two other parties, had brought their cotton in wagons from Madison County, where they lived, to Huntsville. The night before they reached Huntsville, deceased and defendant played cards at their camp. When they reached Huntsville, they put up at a cotton yard, and during the day they commenced playing cards again at King’s saloon, not far from the cotton yard. They drank quite heavily, and…
1Opinion of the Court
HEBDERSOH, Judge.
Appellant was convicted'of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.
Appellant assigns as error the action of the court in overruling his motion to require the State to put all the eyewitnesses to the homicide on the stand, so that he might have the benefit of the cross-examination of said witnesses. This matter has been repeatedly settled by this court against the contention of the appellant. See Reyons v. State, 33 Texas Crim. Rep., 143; Kidwell v. State, 35 Texas Crim.…
2Cases cited5 opinions
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
- Kidwell v. StateCourt of Criminal Appeals of Texas · 1895
- Hargrove v. StateCourt of Criminal Appeals of Texas · 1894
- Reyons v. StateCourt of Criminal Appeals of Texas · 1894
- Ellis v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by23 opinions
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
- Horn v. StateCourt of Criminal Appeals of Texas · 1906
- Bullock v. StateCourt of Criminal Appeals of Texas · 1914
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- Lankster v. StateCourt of Criminal Appeals of Texas · 1901
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