Smith v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Caven. Appellant was indicted for the murder of one John Green by stabbing him with a knife, and at his trial was convicted of murder of the second degree, with the punishment assessed at twelve years’ imprisonment in the penitentiary. The case is sufficiently stated in the opinion.
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Appeal from the Criminal District Court of Galveston. Tried below before Hon. E. D. Caven. Appellant was indicted for the murder of one John Green by stabbing him with a knife, and at his trial was convicted of murder of the second degree, with the punishment assessed at twelve years’ imprisonment in the penitentiary. The case is sufficiently stated in the opinion. Under the evidence of the res gestee in this case the court erred in not charging the jury that the death of deceased must have been completed by the act of defendant, as required by article 547 of the Penal Code; especially so in…
1Opinion of the Court
HURT, Presiding Judge.
This is a conviction for murder of the second degree, the punishment being fixed at twelve years in the penitentiary. “The deceased, John Green, drove up in front of the house of Ellen Perry, got off his wagon, went to the gate, knocked on it, and called out, ‘Hello.’ Ellen Perry came out and asked what he wanted, and he told her he wanted to get some beer barrels. She told him he could not have the beer barrels, and told him to get away, and called him a dirty tramp. Deceased told her he was no more a tramp than she was herself. Then she called to the defendant, ‘Benny,…
2Cited by7 opinions
- Lahue v. StateCourt of Criminal Appeals of Texas · 1907
- Spicer v. StateCourt of Criminal Appeals of Texas · 1930
- Embrey v. StateCourt of Criminal Appeals of Texas · 1923
- Montgomery v. StateCourt of Criminal Appeals of Texas · 1903
- Adams v. StateCourt of Criminal Appeals of Texas · 1917
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