Evers v. State
Court of Criminal Appeals of Texas
On a trial under an indictment charging him with the murder of one Robert Richter, appellant was found guilty in the court below of murder in the second degree, and his punishment assessed at forty years in the penitentiary. This is a second appeal in this case.
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On a trial under an indictment charging him with the murder of one Robert Richter, appellant was found guilty in the court below of murder in the second degree, and his punishment assessed at forty years in the penitentiary. This is a second appeal in this case. The first appeal was from a judgment on habeas corpus in the District Court, after indictment found, refusing him bail; and that case will be found reported as Ex Parte Louis Evers, 29 Texas Court of Appeals, 539, and contains a full statement of all the facts which had been adduced on the trial in that case in the court below. In so…
1Opinion of the Court
SIMKINS, Judge.
There are numerous bills of exceptions and assignments of error, but it will be only necessary to consider the following:
1. The defendant complains that the court refused to charge the jury on manslaughter. The ground relied upon was the fact that Richter, while jeering at and abusing defendant, told him “he didn’t know who 'his father was.” If any such remark was made by Richter, it can not •avail defendant; for after it was made, said defendant turned and went away, and Richter went into the house, and according to the same witness (Florea), called to him to come back, and…
2Cases cited6 opinions
- State v. NixonSupreme Court of Kansas · 1884
- United States v. DrewU.S. Circuit Court for the District of Massachusetts · 1828
- Carter v. StateTexas Supreme Court · 1854
- United States v. McGlueU.S. Circuit Court for the District of Massachusetts · 1851
- Maconnehey v. StateOhio Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Taylor v. StateCourt of Criminal Appeals of Texas · 1994
- Parker v. StateCourt of Special Appeals of Maryland · 1969
- State v. WilsonSupreme Court of Iowa · 1913
- Juhasz v. State, Texas Court of Appeals, 13th District1992
- Duke v. StateCourt of Criminal Appeals of Texas · 1910
19 more not listed; retrieve them via the Exa API.