Allen v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Red River. Tried below before Hon. Ben H. Denton. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Sam Steinlein, on the 5th day of December, 1900, by shooting him with a pistol.
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Appeal from the District Court of Red River. Tried below before Hon. Ben H. Denton. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Sam Steinlein, on the 5th day of December, 1900, by shooting him with a pistol. The statement of facts is quite voluminous, but the theories upon which the case was tried on the evidence adduced are concisely but sufficiently stated in the opinion below. The opinion also states fully all the facts pertaining to the questions impugning…
1Opinion of the Court
HENDERSON, 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.
The theory of the State was to the effect that because deceased, who was a merchant in the town of Clarksville, had discharged appellant, who was in his employ, appellant armed himself, sought out deceased, and, without any provocation on his part or demonstration, shot him down; that this was murder, at least, in the second degree. This theory was strongly supported by evidence. Appellant’s contention, supported by his own…
2Cases cited6 opinions
- Shaw v. StateCourt of Criminal Appeals of Texas · 1893
- Henrie v. StateTexas Supreme Court · 1874
- Mayes v. StateCourt of Criminal Appeals of Texas · 1893
- Driver v. StateCourt of Criminal Appeals of Texas · 1897
- Rogers v. StateCourt of Criminal Appeals of Texas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1913
- Sanchez v. StateCourt of Criminal Appeals of Texas · 1937