Highsmith v. State
Court of Criminal Appeals of Texas
The appellant and Albert Highsmith were jointly charged by the indictment with the murder of Thomas A. Evans, on the 22d of November, 1897, by shooting him with a pistoh On a severance being granted, Albert Highsmith, who was the father of this appellant, had been tired first and acquitted. The important facts attendant upon the homicide are stated in the two opinions below, and no additional statement is required.
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 thirty-five years, and he prosecutes this appeal.
The theory of the State, which was supported by evidence, was to the effect that bad blood1 had existed between the parties for some length of time; that on the Sunday of the homicide, about 12 o’clock, Thomas Evans, deceased, and the defendant were in the town of Hutto, both living about a mile east of the town on the same road. Deceased lived a short distance beyond defendant. Deceased left town…
2Cited by17 opinions
- Lagrone v. StateCourt of Criminal Appeals of Texas · 1919
- McCorquodale v. StateCourt of Criminal Appeals of Texas · 1905
- Elliott v. StateCourt of Criminal Appeals of Texas · 1929
- W. M. Banks v. StateCourt of Criminal Appeals of Texas · 1936
- Hill v. StateCourt of Criminal Appeals of Texas · 1920
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