Marshall v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Milam. Tried below before the Hon. J. C. Scott. . Appeal from a conviction of murder; penalty, fifteen years imprisonment in the penitentiary. The opinion states the case. On question of declaration of deceased: Leadbetter v. State, 23 Texas Crim. App., 247; Ex parte Fartheree, 34 Texas Oftn. Bep., 594; Jones v. State, 33 id., 492; Martin v. State, 36 id., 632; Lockhart v. State, 53 Texas Crim.
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Appeal from the District Court of Milam. Tried below before the Hon. J. C. Scott. . Appeal from a conviction of murder; penalty, fifteen years imprisonment in the penitentiary. The opinion states the case. On question of declaration of deceased: Leadbetter v. State, 23 Texas Crim. App., 247; Ex parte Fartheree, 34 Texas Oftn. Bep., 594; Jones v. State, 33 id., 492; Martin v. State, 36 id., 632; Lockhart v. State, 53 Texas Crim. Bep., 589, 111 S. W. Bep., 1024. On question of argument of counsel: Askew v. State, 54 Texas Crim. Bep., 414, 113 S. W. Bep., 287; Daniels v. State, 71 Texas Crim.…
1Dissent
On the original hearing this case was reversed and remanded, Presiding Judge Prendergast dissenting. On State's motion for rehearing the original opinion was overruled and the case affirmed, this writer entering his dissent. Appellant has now filed a motion for rehearing, and I wish to state more fully why I can not agree to an affirmance of the case, and my reasons for thinking such error was committed as should result in a reversal of the case.
In the original opinion, I held that the court committed no error in admitting the testimony of Cook and Middleton as to what they claimed were the…
2Cases cited28 opinions
- Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
- Johnson v. StateCourt of Criminal Appeals of Texas · 1912
- Bullington v. StateCourt of Criminal Appeals of Texas · 1915
- Eads v. StateCourt of Criminal Appeals of Texas · 1914
- Battles v. StateCourt of Criminal Appeals of Texas · 1908
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