Legal Opinion

McDaniel v. State

Court of Criminal Appeals of Texas

Decided December 21, 1921No. 6443PublishedCited by 12 opinions

Appeal from the District Court of Cass. Tried below before the Honorable R. T. Wilkinson. Appeal from a conviction of murder: penalty, twenty-three years imprisonment in the penitentiary. The opinion states the case. On question of corpus de-licti: Lovelady v. State, 14 Texas Crim. App., 545; Gay v. State, 40 Texas'Crim.

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Appeal from the District Court of Cass. Tried below before the Honorable R. T. Wilkinson. Appeal from a conviction of murder: penalty, twenty-three years imprisonment in the penitentiary. The opinion states the case. On question of corpus de-licti: Lovelady v. State, 14 Texas Crim. App., 545; Gay v. State, 40 Texas'Crim. Rep., 242; Southern v. State, 122 S. W. Rep., 259. On question of self-defense: Kinklin v. State, 164 S. W. Rep., 1016; Payton v. State, 132 id., 127; Williams v. State, 148 id., 763; Pratt v. State, 50 Texas Crim. Rep., 230; Wells v. State, 63 id., 618; Cheatham v. State, 57…

1Opinion of the Court

HAWKINS, Judge.

Conviction is for murder. Punishment twenty-three years in the penitentiary.

F. W. Albright, the sheriff, testified to a statement made to him by appellant. An attempt is made by bill of exception No. 2 to raise the question that she was under arrest at the time and therefore the statement was not intraducibie against her. The bill covers seven pages of the transcript, five pages being in question and answer form, and purporting to be the preliminary examination of the witness from which it is to be ascertained whether accused was in fact under arrest when the statement was…

2Cases cited3 opinions

  1. Jetty v. StateCourt of Criminal Appeals of Texas · 1921
  2. Ross v. StateCourt of Criminal Appeals of Texas · 1908
  3. Roach v. StateCourt of Appeals of Texas · 1886

3Cited by12 opinions

  1. State v. FloryWyoming Supreme Court · 1929
  2. Dunn v. StateCourt of Criminal Appeals of Texas · 1922
  3. Reese v. StateCourt of Criminal Appeals of Texas · 1923
  4. McNeil v. StateCourt of Criminal Appeals of Texas · 1922
  5. Alley v. StateCourt of Criminal Appeals of Texas · 1922

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