Brown v. State
Court of Criminal Appeals of Texas
The case in brief is this: Brown suspected deceased was intimate with his wife. Brown’s wife went to her home from a gathering one night with deceased, and Brown came a little later and found his wife and deceased on the floor together. Brown raised a row and assaulted deceased with an ax, but deceased by his superior strength prevented any battery. Brown then ordered deceased to keep away from his house and ordered his wife not to go with deceased.
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The case in brief is this: Brown suspected deceased was intimate with his wife. Brown’s wife went to her home from a gathering one night with deceased, and Brown came a little later and found his wife and deceased on the floor together. Brown raised a row and assaulted deceased with an ax, but deceased by his superior strength prevented any battery. Brown then ordered deceased to keep away from his house and ordered his wife not to go with deceased. A few days after this Killingsworth saw Brown’s wife with deceased out in the woods together in a compromising position, and told Brown of it. A…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of thirteen years.
In his motion for new trial appellant complains of the following portion of the court’s charge: “Insulting words or conduct of the person killed towards the wife of the party guilty of the homicide, provided the killing take place immediately upon the happening of the insulting conduct.” Appellant insists this charge was error, because there was no question as to insulting words and conduct towards defendantj as the same would be…
2Cases cited2 opinions
- Thomas v. StateCourt of Criminal Appeals of Texas · 1895
- Grimsinger v. StateCourt of Criminal Appeals of Texas · 1902
3Cited by4 opinions
- Parker v. StateCourt of Criminal Appeals of Texas · 1921
- Hanus v. StateCourt of Criminal Appeals of Texas · 1926
- Young v. StateCourt of Criminal Appeals of Texas · 1917
- Goss v. StateCourt of Criminal Appeals of Texas · 1918