Day v. State
Court of Criminal Appeals of Texas
The State’s testimony showed substantially that the shooting occurred in a restaurant kept by the State’s witness Guions; that defendant entered the restaurant and told deceased he had just been to the office of the .telephone operator and told her that she and deceased could- (using some obscene language); that deceased said to defendant that he had been throwing that up to him all evening, when defendant called him a liar; that thereupon deceased jumped from the counter…
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The State’s testimony showed substantially that the shooting occurred in a restaurant kept by the State’s witness Guions; that defendant entered the restaurant and told deceased he had just been to the office of the .telephone operator and told her that she and deceased could- (using some obscene language); that deceased said to defendant that he had been throwing that up to him all evening, when defendant called him a liar; that thereupon deceased jumped from the counter and drew his barlow pocket-knife and defendant started to draw his pistol; that thereupon the parties in the restaurant…
1Opinion of the Court
RAMSEY, Judge.
—The indictment in this case was filed in the District Court of Red River County on the 30th day of May, 1907, charging appellant with the murder of one Spencer Holt. The case came to trial on December 13th of last year, and resulted in a convic tion of murder in the second degree, assessing appellant’s punishment at six years confinement in the State penitentiary.
The record is quite a voluminous one and contains, among other things, seventeen bills of exception. These, however, for the most part, are so qualified and explained by the court as to show no error, and are of such a…
2Cases cited3 opinions
- Swain v. StateCourt of Criminal Appeals of Texas · 1905
- Pinson v. StateTexas Supreme Court · 1859
- State v. PowellTexas Supreme Court · 1859
3Cited by3 opinions
- Kennedy v. Alvis, Court of Common Pleas of Ohio, Franklin County, Civil Division1957
- Parkinson v. StateCourt of Criminal Appeals of Texas · 1920
- Lucas v. StateCourt of Criminal Appeals of Texas · 1920