Maxwell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Stephens. Tried below before Hon. T. H. Conner. Appellant was indicted for the murder of one W. B. Deshazo, who was his father-in-law. At the trial he was convicted of murder in the second degree, with the punishment assessed at confinement in the penitentiary for seven years.
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Appeal from the District Court of Stephens. Tried below before Hon. T. H. Conner. Appellant was indicted for the murder of one W. B. Deshazo, who was his father-in-law. At the trial he was convicted of murder in the second degree, with the punishment assessed at confinement in the penitentiary for seven years. After the case was first submitted in the Court of Appeals, the judgment was affirmed in a memorandum opinion, as follows: “ In so far as the exceptions were taken to the charge on the question of manslaughter, they are not valid or good. In this connection it may be also stated that…
1Opinion of the Court
SIMKINS, Judge.
Defendant was convicted of murder in the second degree and his punishment assessed at seven years, and upon an appeal to this court the judgment was affirmed in an unwritten opinion at the last Austin Term, and is before us on a rehearing. It is only necessary to consider the two questions discussed in the motion for a rehearing.
1. The remarks of the district attorney in his closing speech are alleged to be improper and necessarily injurious to the defendant. The remarks were: “ That defendant ran his wife away from home, and slapped her in the mouth.”
We do not think the…
2Cited by7 opinions
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Cannon v. StateCourt of Criminal Appeals of Texas · 1900
- Keeton v. StateCourt of Criminal Appeals of Texas · 1910
- Treadway v. StateCourt of Criminal Appeals of Texas · 1912
- Tilmeyer v. StateCourt of Criminal Appeals of Texas · 1911
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