Fitch v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. Appeal from a conviction for murder in the second degree; penalty, six years’ imprisonment in the penitentiary. Appellant was charged in the indictment with the murder of Jack Richey on the 16th day of March, 1895, by striking him on the head with a stick of wood. Deceased Richey was an old man, between seventy-five and eighty, but quite vigorous.
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Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. Appeal from a conviction for murder in the second degree; penalty, six years’ imprisonment in the penitentiary. Appellant was charged in the indictment with the murder of Jack Richey on the 16th day of March, 1895, by striking him on the head with a stick of wood. Deceased Richey was an old man, between seventy-five and eighty, but quite vigorous. He was a man hard to get along wdth, quarrelsome, and abusive. About a week or two before the killing, he had driven his wife and young daughter from home. She applied…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the-penitentiary for a term of six years, and he appeals to this court. But one question is presented which we desire to notice. To constitute murder of either degree, must the accused intend to kill? When the accused, in the perpetration of a felony, kills another, the intent to- kill is not necessary. Where the circumstances attending the homicide show an evil or cruel disposition, or that it was the design or intent of the person to kill, he is deemed guilty of murder…
2Cited by12 opinions
- House v. StateCourt of Criminal Appeals of Texas · 1914
- Connell v. StateCourt of Criminal Appeals of Texas · 1904
- Merka v. StateCourt of Criminal Appeals of Texas · 1917
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- Posey v. StateCourt of Criminal Appeals of Texas · 1904
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