Summers v. State
Court of Appeals of Texas
Appeal from the District Court of Nueces. Tried below before the Hon. J. C. Russell. The indictment charged the appellant with the murder of a Mexican named Benito Martinez, in the county of Nueces,, on September 2, 1878. The appellant and the deceased, it appears, were both in-the employment of Capt. Kennedy, and the fatal blow was inflicted in his pasture.
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Appeal from the District Court of Nueces. Tried below before the Hon. J. C. Russell. The indictment charged the appellant with the murder of a Mexican named Benito Martinez, in the county of Nueces,, on September 2, 1878. The appellant and the deceased, it appears, were both in-the employment of Capt. Kennedy, and the fatal blow was inflicted in his pasture. The facts relative to the questions of practice are disclosed in the opinion of the court, and indicated in the head-notes. Henry Jones, for the State, testified that, on the morning of the killing, appellant and deceased were talking…
1Opinion of the CourtEctor, P. J.
The defendant was indicted in the District Court of Nueces County, for the murder of Benito Martinez,, on September 2,1878. He was tried at the same term of the court, convicted of murder in the second degree, and his punishment assessed at ninety-nine years’ confinement in the State penitentiary. The indictment alleges that the murder *375was committed with a certain large stick. There is no assignment of errors.
It is insisted, on the part of the defendant, that it was not established by legal evidence that the death of Martinez was caused by the blow of the stick. At the time of the fatal blow,…
2Cases cited2 opinions
- McCoy v. StateTexas Supreme Court · 1860
- Ex parte DementSupreme Court of Alabama · 1875
3Cited by2 opinions
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