Stewart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Waller. Tried below before Hon. Wells Thompson. Appeal from a conviction of manslaughter; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of Walter Lewis, on the 15th day of December, 1898, by shooting him with a gun.
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Appeal from the District Court of Waller. Tried below before Hon. Wells Thompson. Appeal from a conviction of manslaughter; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of Walter Lewis, on the 15th day of December, 1898, by shooting him with a gun. Defendant testified in his own behalf, and, in the main, his testimony ■ as to what occurred at the time of the difficulty is corroborated by the ■other witnesses, both for the State and the defendant. Mike Stewart, the defendant, testified: “I was taking a chance at a raffle at Scott’s…
1Opinion of the Court
DAVIDSON, Presiding Judge.
After instructing the jury in regard to the appearance of danger and the laiv of retreat, the court gave this charge: “If, from the evidence, you believe the defendant killed the said Walter Lewis, but further believe that at the time of so doing the deceased had made an attack on him, which from the manner and character of it, and the relative strength of the parties, and the defend ant’s knowledge of the character and disposition of the deceased, caused him to have a reasonable expectation or fear of death or serious bodily injury, and that, acting under such…
2Cited by5 opinions
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- Rundlett v. DirectorOregon Supreme Court · 1935
- Payton v. StateCourt of Criminal Appeals of Texas · 1910