Martin v. State
Court of Criminal Appeals of Texas
While defendant was a mere child his father deserted his mother and came to Texas with the second M.rs. Martin, to whom he was married without being divorced from the first wife. Later he stole defendant from his mother and brought him to Texas, where he grew to manhood thinking his mother dead. His father had several daughters by the second wife, one of whom married deceased, Hodges.
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While defendant was a mere child his father deserted his mother and came to Texas with the second M.rs. Martin, to whom he was married without being divorced from the first wife. Later he stole defendant from his mother and brought him to Texas, where he grew to manhood thinking his mother dead. His father had several daughters by the second wife, one of whom married deceased, Hodges. The father died in 1894, at his home in ICyle, and the stepmother and daughters branded appellant as a bastard child and denied him any interest in his father’s estate. He- and his wife went away, and later…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at seven years confinement in the penitentiary.
Complaint is made of that portion of the court’s charge submitting the law of manslaughter which instructs the jury “that the provocation must arise at the time of the commission of the offense, and that the passion is not the result of a former provocation.” The law of manslaughter was applicable largely on account of the insulting conduct and language used by deceased in reference to the wife of appellant. There had been ill feeling…
2Cited by7 opinions
- Stewart v. StateCourt of Criminal Appeals of Texas · 1907
- Brown v. StateCourt of Criminal Appeals of Texas · 1913
- Espinoza v. StateCourt of Criminal Appeals of Texas · 1914
- Hodge v. StateCourt of Criminal Appeals of Texas · 1910
- Israel v. StateCourt of Criminal Appeals of Texas · 1921
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