Cavaness v. State
Court of Criminal Appeals of Texas
The facts immediately attendant upon the killing, as testified to by defendant when upon the stand as a witness, will be found reproduced in the opinion. No further statement necessary.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, "and his punishment assessed at confinement in the penitentiary for a term of thirty-five years.
The twelfth ground of appellant’s motion for new trial is that the court erred in failing to charge on manslaughter. Appellant insists that his testimony raises the issue.of manslaughter. After testifying to various and sundry threats and acts of violence on the part of deceased towards him, appellant relates the circumstances of the killing as follows: “Deceased was plowing with two mules and two horses, and I plowed with two…
2Cited by11 opinions
- Fambrough v. WagleyTexas Supreme Court · 1943
- Mays v. StateCourt of Criminal Appeals of Texas · 1978
- Mueller v. StateCourt of Criminal Appeals of Texas · 1919
- State v. ReillyNorth Dakota Supreme Court · 1913
- James v. StateCourt of Criminal Appeals of Texas · 1920
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