Hurst v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. Appeal from a conviction for murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of William Thaison by shooting him with a pistol on the 16th day of April, 1896. This is a second appeal in the case.
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Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. Appeal from a conviction for murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of William Thaison by shooting him with a pistol on the 16th day of April, 1896. This is a second appeal in the case. For former appeal see 40 Southwestern Reporter, 264. The record on this appeal is quite voluminous, but the salient features of the evidence are clearly summarized in the original opinion below.
1Opinion of the Court
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.
This case was before this court on an appeal from a former trial of the case, and was reversed and remanded. See 40 S.W. Rep., 264. Insanity was set up as a defense in that case, and the facts attending the killing and the evidence regarding insanity were substantially the same, except in the present ease more testimony was introduced on behalf of the defendant tending to show insanity. A number of bills of exception were taken by…
2Cited by27 opinions
- Tubb v. StateCourt of Criminal Appeals of Texas · 1908
- State v. NevaresNew Mexico Supreme Court · 1932
- Calloway v. StateCourt of Criminal Appeals of Texas · 1922
- Roberts v. StateCourt of Criminal Appeals of Texas · 1921
- Cavanar v. StateCourt of Criminal Appeals of Texas · 1924
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