McClackey v. State
Court of Appeals of Texas
Appeal from the District Court of Hood. Tried below before the Hon. J. R. Fleming. Seven years’ confinement in the penitentiary was assessed against appellant for the murder of Samuel Hunter, in Hood County, Texas, on May 25,1875. The evidence upon which he was convicted being almost entirely circumstantial, a brief synopsis of the most pertinent is given below.
Read the full summary
Appeal from the District Court of Hood. Tried below before the Hon. J. R. Fleming. Seven years’ confinement in the penitentiary was assessed against appellant for the murder of Samuel Hunter, in Hood County, Texas, on May 25,1875. The evidence upon which he was convicted being almost entirely circumstantial, a brief synopsis of the most pertinent is given below. The State, by the witness Pinson, showed that at the time of the killing, appellant lived in Hood County, on the north side of the Brazos River, as it then ran; that the deceased lived in what was known as De Cordova’s Bend, on the…
1Opinion of the CourtWinkler, J.
It is shown by a bill of exceptions that on the trial below, the appellant, under the plea of not guilty, attempted to prove that at the time of the alleged perpetration of the crime for which he was then being tried he was insane, or, as expressed by the witness, crazy, or not sound in mind; and that after a witness had been examined on the subject, and as to his means of information, the testimony, on motion of the district attorney, was by the court excluded from the jury, on the ground, as stated in the bill of exceptions, “ that the witness was not sufficiently acquainted with the habits…
2Cases cited4 opinions
- Thomas v. StateTexas Supreme Court · 1874
- Gehrke v. StateTexas Supreme Court · 1855
- Holcomb v. StateTexas Supreme Court · 1874
- Zembrod v. StateTexas Supreme Court · 1860