Pilcher v. State
Court of Criminal Appeals of Texas
The witness John Alvey testified, in behalf of the State, as follows: My name is John Alvey. I live ten miles southwest from the town of Cisco. I was at Cisco on the 12th day of August, 1893, when defendant arrested Katie Moore. I was in George Harris’ saloon at the time. I was attracted by the noise of some one hallooing and screaming.
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The witness John Alvey testified, in behalf of the State, as follows: My name is John Alvey. I live ten miles southwest from the town of Cisco. I was at Cisco on the 12th day of August, 1893, when defendant arrested Katie Moore. I was in George Harris’ saloon at the time. I was attracted by the noise of some one hallooing and screaming. When I got to the place where I heard the noise, which was near the lumber yard, and about fifty yards from the calaboose, I saw defendant (C. M. Pilcher), Tom Standifer, and Charley Graven carrying Katie Moore to the calaboose. Defendant had hold of one arm,…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for aggravated assault and battery, alleged to have been committed upon a woman.
The State was permitted to prove, that ten minutes after the assault, and immediately after being placed in the calaboose, she stated that defendant struck her and kicked her, at the same time stating the nature of the bruises on the different portions of her body; which was objected to by defendant, because the evidence was not res gestae, and because the witnesses did not qualify as experts, etc.
The objections are not well taken. The evidence, we think, was res gestae. For a…
2Cited by8 opinions
- Hobbs v. StateCourt of Criminal Appeals of Texas · 1909
- McLane v. StateCourt of Criminal Appeals of Texas · 1964
- Stockton v. StateCourt of Criminal Appeals of Texas · 1917
- Mickle v. StateCourt of Criminal Appeals of Texas · 1921
- Fleming v. StateCourt of Criminal Appeals of Texas · 1917
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