Legal Opinion

Thomas v. State

Court of Criminal Appeals of Texas

Decided November 28, 1894No. 866PublishedCited by 18 opinions

Appeal from tbe District Court of Navarro. Tried below before Hon. Bueus Hardy. Appellant was indicted for the murder of J. M. Farley, in Navarro County, on the 11th day of November, 1893. His trial resulted in his conviction of murder of the first degree, the penalty being assessed at death. The facts proved for the State were, substantially, that the deceased, J. M. Farley, had been picking cotton for the defendant during the second week of November.

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Appeal from tbe District Court of Navarro. Tried below before Hon. Bueus Hardy. Appellant was indicted for the murder of J. M. Farley, in Navarro County, on the 11th day of November, 1893. His trial resulted in his conviction of murder of the first degree, the penalty being assessed at death. The facts proved for the State were, substantially, that the deceased, J. M. Farley, had been picking cotton for the defendant during the second week of November. Defendant lived in a little log cabin, 14x16 feet, on the premises rented by him. During the time deceased worked for him, defendant’s wife…

1Opinion of the Court

HURT, PRESIDING Judge.

Appellant was charged by indictment with tbe murder of J. M. Farley. Tbe trial resulted in a conviction for murder in tbe first degree, with tbe death penalty assessed. Judgment accordingly, from which appellant prosecutes this appeal.

If tbe State’s theory of tbe case be true, appellant is guilty of a deliberate murder for tbe purpose of acquiring possession of and converting to bis own use tbe property of deceased, and perhaps robbery. If that of defendant be true, tbe homicide was in self-defense. There is no murder in tbe second degree in this case. Tbe theory of tbe…

2Cited by18 opinions

  1. Parroccini v. StateCourt of Criminal Appeals of Texas · 1921
  2. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  3. Long v. StateCourt of Criminal Appeals of Texas · 1931
  4. Clary v. StateCourt of Criminal Appeals of Texas · 1912
  5. Jackson v. StateCourt of Criminal Appeals of Texas · 1931

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