Betts v. State
Court of Criminal Appeals of Texas
The-State’s testimony showed that defendant was seen on the night of the 15th of August, 1904; that pistol shots were heard in the direction of the saloon where the deceased was found lying on the gallery in front of the saloon, dead. Defendant was lying near deceased, groaning and the pistol was lying between them on the floor.
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The-State’s testimony showed that defendant was seen on the night of the 15th of August, 1904; that pistol shots were heard in the direction of the saloon where the deceased was found lying on the gallery in front of the saloon, dead. Defendant was lying near deceased, groaning and the pistol was lying between them on the floor. Defendant said after reviving or waking, “Charlie, are you dead? if not I will take another shot at you,” and reached for the pistol, and it was taken away from him, a witness saying, “You have already killed him,” defendant then said, “If so I am willing to die.”…
1Opinion of the Court
HENDERSON, Judge.
This conviction was murder in the second degree, the penalty assessed being confinement in the penitentiary for twenty years.
Appellant made a motion to change the venue, which was contested by the State; and he reserved a number of exceptions to the rulings. of the court in the hearing of the motion and also to the overruling of the motion to change the venue. Inasmuch as this question is not likely to arise again in the same form on another trial and as -the case will- be reversed on other grounds, we will not discuss the matters presented in said motion.
Appellant also made…
2Cases cited4 opinions
- Burt v. StateCourt of Criminal Appeals of Texas · 1897
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Ellis v. StateCourt of Criminal Appeals of Texas · 1894
- McLeod v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by4 opinions
- Turner v. StateCourt of Criminal Appeals of Texas · 1910
- Whatley v. McKannaCourt of Appeals of Texas · 1948
- Gardener v. StateCourt of Criminal Appeals of Texas · 1921
- Henderson v. StateCourt of Criminal Appeals of Texas · 1906