Legal Opinion

Mathis v. State

Court of Criminal Appeals of Texas

Decided December 12, 1894No. 849PublishedCited by 15 opinions

Appellant was indicted for the murder of Christobal Ramirez by shooting him with a pistol, in De Witt County, on the 4th day of March, 1893. At his trial he was convicted of murder of the second degree, his punishment being assessed at eleven years’ imprisonment in the penitentiary. The opinion sufficiently states the case.

1Opinion of the Court

DAVIDSOH, Judge.

Appellant, having been convicted of murder in the second degree, prosecutes this appeal.

A bill of exceptions was reserved to the charge of the court, because it was upon the weight of evidence; that it failed to submit the issue of accidental meeting, was negative in its character, and upon a theory not presented by the testimony. A careful inspection of the charge does not support the criticisms urged. We think the charge a clear statement of the law applicable to the facts of the case.

There are no facts which show an accidental meeting between the parties. Appellant and…

2Cited by15 opinions

  1. Coffman v. StateCourt of Criminal Appeals of Texas · 1914
  2. Dillard v. StateCourt of Criminal Appeals of Texas · 1971
  3. Lawrence v. StateCourt of Criminal Appeals of Texas · 1933
  4. Owen v. StateCourt of Criminal Appeals of Texas · 1907
  5. Hardy v. CommonwealthSupreme Court of Virginia · 1910

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