Irby v. State
Court of Appeals of Texas
Appeal from the District Court of Rusk. Tried below before the Hon. J. G. Hazelwood. This conviction was in the second degree for the murder of David Needham, in Rusk county, Texas, on the sixteenth day of March, 1886. A term of sixteen years in the penitentiary was the penalty assessed. . W. H. Needham was the first witness for the State. He testified that he was the father of David E. Needham, the deceased.
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Appeal from the District Court of Rusk. Tried below before the Hon. J. G. Hazelwood. This conviction was in the second degree for the murder of David Needham, in Rusk county, Texas, on the sixteenth day of March, 1886. A term of sixteen years in the penitentiary was the penalty assessed. . W. H. Needham was the first witness for the State. He testified that he was the father of David E. Needham, the deceased. The deceased was shot on the sixteenth day of March, 1886, and died on the twenty-second day of the same month. The deceased, at the time he was shot, was living with the witness at the…
1Opinion of the Court
Willson, Judge.
I. There was no error in admitting in evidence the statements made by the deceased to his father fifteen or twenty minutes after he had been shot. These statements were made as soon as the deceased could talk, and were clearly, we think, res gestae. (Willson’s Texas Crim. Stats., sec. 1046.)
II. It was not error that was prejudicial to the defendant to admit in evidence the complaint made by the deceased, charging-defendant with an assault made upon him (deceased) with intent to murder him. The fact that such a complaint had been *214made had been fully proved by the defendant, and…
2Cited by5 opinions
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