Estrada v. State
Court of Appeals of Texas
Appeal from the District Court of Wilson. Tried below before Hon. •George McCormick. This conviction was in the second degree for the murder of Francisco Ximenes. A term of five years in the penitentiary was the penalty assessed.
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Appeal from the District Court of Wilson. Tried below before Hon. •George McCormick. This conviction was in the second degree for the murder of Francisco Ximenes. A term of five years in the penitentiary was the penalty assessed. In substance the State’s witnesses testified that the defendant, the deceased, and one Martinez were among the guests at a party at the house of one Alderete, near Floresville, on the night of the homicide—February 17, 1889; that at about 11 o’clock deceased and Martinez, upon the suggestion of the latter, retired from the house to a point about 150 yards distant to…
1Opinion of the Court
HURT, Judge.
This is a conviction for murder of the second degree. The evidence presents two theories: 1, culpable homicide, murder in the second degree, or manslaughter; and, 2, self-defense.
One Rubio swore to facts strongly supporting self-defense. The State proved that Rubio was not present at the homicide, but was at a dance on Captain Pickett’s place, some distance from the scene of the homicide. Appellant denies this, contending that Rubio was present, and that since the trial he has discovered witnesses by whom he can prove that the dance at Captain Pickett’s was on the night previous…
2Cited by6 opinions
- Barrett v. StateCourt of Criminal Appeals of Texas · 1925
- Caple v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Collins v. StateCourt of Criminal Appeals of Texas · 1923
- Rhea v. StateCourt of Criminal Appeals of Texas · 1923
- Lopez v. StateCourt of Criminal Appeals of Texas · 1955
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