Legal Opinion

Wilson v. State

Court of Criminal Appeals of Texas

Decided June 1, 1904No. 2705PublishedCited by 10 opinions

The opinion sufficiently states the case. It appears from the record that a sudden difficulty arose between the defendant and the deceased in which the former used a knife, inflicting mortal wounds upon the deceased, from the effects of which he immediately died. The voluminous testimony is conflicting, as to who struck the first blow, the deceased or the defendant.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This conviction was for manslaughter. The killing occurred in Upshur County. When the case was called for trial in that county, motion for severance was granted, and W. L. Wilson (joint defendant and brother of appellant) was placed upon trial, which resulted in his conviction. When appellant’s branch of the case was called, the venue was changed to Wood County by agreement. In Wood County, when his case* was called, appellant moved a postponement of the, trial in order that his brother could be first tried. The court awarded W. L. Wilson a new trial in Upshur…

2Cases cited3 opinions

  1. Pollard v. StateCourt of Criminal Appeals of Texas · 1903
  2. Casner v. StateCourt of Criminal Appeals of Texas · 1901
  3. Wolf v. StateCourt of Criminal Appeals of Texas · 1904

3Cited by10 opinions

  1. Dugan v. StateCourt of Criminal Appeals of Texas · 1919
  2. State v. CouchNew Mexico Supreme Court · 1946
  3. Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
  4. Best v. StateCourt of Criminal Appeals of Texas · 1910
  5. Sprinkle v. StateCourt of Criminal Appeals of Texas · 1906

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