Seeley v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of El Paso. Tried below before Hon. A. M. Walthall. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. The indictment charged appellant with the murder of Robert L. Hall, on the 4th day of November, 1900, by shooting him with a pistol.
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Appeal from the District Court of El Paso. Tried below before Hon. A. M. Walthall. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. The indictment charged appellant with the murder of Robert L. Hall, on the 4th day of November, 1900, by shooting him with a pistol. On the 3d of November, 1900, defendant went to the camp of deceased for the purpose of getting a horse that deceased’s brother, T. K. Hall, had given him. Defendant remained at the camp assisting in working with a drove of horses until after the difficulty in which…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years confinement in the penitentiary.
Exception was reserved to the court’s charge on self-defense, which portion of the charge is as follows: “If from the evidence you believe that defendant killed said Robert L. Hall, but further believe that at the time of so doing deceased had made an attack on him, which from the manner and character of it, and the relative strength.of the parties, and defendant’s knowledge of the character and disposition of the deceased, caused him…
2Cases cited3 opinions
- Phipps v. StateCourt of Criminal Appeals of Texas · 1895
- Stewart v. StateCourt of Criminal Appeals of Texas · 1899
- Cothran v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by8 opinions
- State v. SingletonArizona Supreme Court · 1947
- State v. FoleyWest Virginia Supreme Court · 1945
- Black v. StateCourt of Criminal Appeals of Texas · 1912
- Wise v. City of AbileneCourt of Appeals of Texas · 1940
- Patterson v. StateCourt of Criminal Appeals of Texas · 1920
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