Hoover v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment being assessed at twenty years’ imprisonment in the penitentiary. The indictment charges appellant with the murder of Jake Burttschell, on the 30th day of April, 1894, by shooting him with a pistol. Deceased was a"saloon-keeper, and was shot by defendant three times.
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This appeal is from a conviction for murder in the second degree, the punishment being assessed at twenty years’ imprisonment in the penitentiary. The indictment charges appellant with the murder of Jake Burttschell, on the 30th day of April, 1894, by shooting him with a pistol. Deceased was a"saloon-keeper, and was shot by defendant three times. The two witnesses, who testified to seeing the commencement of the shooting, state, that defendant rode by the door of the saloon, dismounted, came into the saloon with pistol in hand, and said to deceased: “Jake, I understand you said you were going…
1Opinion of the Court
HURT, Presiding Judge.
The appellant in this case was convicted of murder of the second degree, and his punishment assessed at twenty years’ confinement in the penitentiary. The record contains 106 pages of closely written matter. It is unnecessarily voluminous, containing a great many immaterial things. If the State’s theory be correct—and it is very cogently supported—appellant was guilty of murder of the first degree. Appellant relied upon self-defense, bottomed alone upon his own evidence (he having testified in the case). The State does not concede that his version of the facts attending…
2Cited by13 opinions
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Jones v. StateCourt of Criminal Appeals of Texas · 1897
- Fields v. StateCourt of Criminal Appeals of Oklahoma · 1947
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Richards v. StateCourt of Criminal Appeals of Texas · 1908
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