McLin v. State
Court of Criminal Appeals of Texas
Hugh Powell, a witness for the State, testified that he attended a party or dance and was in the house when the- dance was going on and saw the defendant there, and in the yard in front of the gallery; a number of boys were out there in the yard talking about the dance being stopped; that defendant said something about the fiddler and the deceased said that if he had been the fiddler, he would have fiddled on, and the defendant said, “Yes, and you would not have had two…
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Hugh Powell, a witness for the State, testified that he attended a party or dance and was in the house when the- dance was going on and saw the defendant there, and in the yard in front of the gallery; a number of boys were out there in the yard talking about the dance being stopped; that defendant said something about the fiddler and the deceased said that if he had been the fiddler, he would have fiddled on, and the defendant said, “Yes, and you would not have had two strings left on your fiddle”; that defendant told him not to pull a knife on him; that deceased told him he would fight him…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, his punishment being fixed at confinement in the penitentiary for a term of thirty-five years.
Appellant requested the court to charge the jury, as follows: “You cannot convict defendant of the crime of murder or of any degree of culpable homicide, upon evidence that he was drunk, or that he used profane or indecent language in the house of Jim Sprouse and in the presence of ladies, the disregard of social duty referred to in the main charge has reference to.the taking of life, and does not relate to the conventionalities of…
2Cited by8 opinions
- Shaw v. StateCourt of Criminal Appeals of Texas · 1921
- James v. StateCourt of Criminal Appeals of Texas · 1920
- Kirkland v. StateCourt of Criminal Appeals of Texas · 1920
- Taylor v. StateCourt of Criminal Appeals of Texas · 1915
- John Secrist v. StateCourt of Criminal Appeals of Texas · 1936
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