Phillips v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. The indictment in this case charged the appellant with the murder of his wife, Eula Phillips, in the city of Austin, Travis county, Texas, on the night of December 24,1885. His trial resulted in his conviction of murder in the second degree, and his punishment was assessed at a term of seven years in the State penitentiary.
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Appeal from the District Court of Travis. Tried below before the Hon. A. S. Walker. The indictment in this case charged the appellant with the murder of his wife, Eula Phillips, in the city of Austin, Travis county, Texas, on the night of December 24,1885. His trial resulted in his conviction of murder in the second degree, and his punishment was assessed at a term of seven years in the State penitentiary. Mrs. James Phillips, the defendant’s mother, was the first witness for the State. She- testified that the defendant, his wife, (the deceased), and his infant, from October, 1885, until the…
1Opinion of the Court
Willson, Judge.
I. Over objections of defendant the prosecution was permitted to prove by several witnesses facts which showed that deceased was not virtuous; that she was unfaithful to the defendant, her husband; the evident purpose of introducing such evidence being to show that defendant had a motive to commit the murder. Defendant’s counsel presented the following objections to this evidence: “1. That it was inadmissible in any view of the case, being matter foreign to the issues before the jury, and could not throw light, directly or indirectly, on the guilt or the innocence of the…
2Cited by8 opinions
- Rodriguez v. StateCourt of Criminal Appeals of Texas · 1972
- Jernigan v. StateCourt of Criminal Appeals of Texas · 1979
- Winn v. State, Texas Court of Appeals, 7th District (Amarillo)1996
- Frank v. StateCourt of Criminal Appeals of Texas · 1932
- Bailey v. StateCourt of Criminal Appeals of Texas · 1975
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