Legal Opinion

Craig v. State

Court of Appeals of Texas

Decided February 3, 1892No. 3254PublishedCited by 11 opinions

Appeal from the District Court of Hood. Tried below before Hon. C. K. Bell. On an indictment charging him with murder in the second degree for the killing of one Manuel Cavasas, appellant was convicted of manslaughter, with punishment assessed at three years in the penitentiary. The killing occurred at a dance, about 11 o’ clock at night, on Monday, 21st day of September, 1891, near Fort Spunky, in Hood County, Texas.

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Appeal from the District Court of Hood. Tried below before Hon. C. K. Bell. On an indictment charging him with murder in the second degree for the killing of one Manuel Cavasas, appellant was convicted of manslaughter, with punishment assessed at three years in the penitentiary. The killing occurred at a dance, about 11 o’ clock at night, on Monday, 21st day of September, 1891, near Fort Spunky, in Hood County, Texas. It originated in defendant having said that a third party, who was at the dance, was drunk. This was disputed by the deceased, who called the defendant “A G—d-damned liar.” At…

1Opinion of the Court

HURT, Judge.

This is a conviction for manslaughter, with the penalty fixed at three years in the penitentiary.

Over objection, the State introduced in evidence the confessions of defendant made to Sue, Sawyer, and Page. The statement or confession was made to these parties next morning after the cutting which resulted in the death of Manuel Cavasas. The objection urged was, that defendant was in arrest, and had not been cautioned as the law requires. The appellant was not cautioned. Was he in arrest, within the meaning of the statute? The facts are as follows: Sue states, that he, Sawyer, and…

2Cases cited6 opinions

  1. Mitchum v. StateSupreme Court of Georgia · 1852
  2. Harriman v. StoweSupreme Court of Missouri · 1874
  3. Crookham v. StateWest Virginia Supreme Court · 1871
  4. Handy v. JohnsonCourt of Appeals of Maryland · 1853
  5. Comfort v. PeopleIllinois Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Heidingsfelder v. StateCourt of Criminal Appeals of Texas · 1935
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1923
  3. Missouri, K. & T. Ry. Co. of Texas v. AndersonCourt of Appeals of Texas · 1917
  4. Bradford v. StateCourt of Criminal Appeals of Texas · 1932
  5. Carroll v. StateCourt of Criminal Appeals of Texas · 1927

6 more not listed; retrieve them via the Exa API.

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