Legal Opinion

Waters v. State

Court of Criminal Appeals of Texas

Decided February 1, 1922No. 6548PublishedCited by 15 opinions

Appeal from the District Court of Smith. Tried below before the Honorable J. R. Warren. Appeal from a conviction of manslaughter; penalty, five years imprisonment in the penitentiary. The opinion states the case.

1Opinion of the Court

LATTIMORE, Judge.

—Appellant was convicted in the District Court of Smith County of manslaughter, and his punishment fixed at confinement in the penitentiary for a period of five years.

The homicide occurred at a baseball game at which a dispute arose between appellant and deceased, the immediate cause being a dispute over a pocket-knife. After a hot debate over the ownership of the knife deceased' started to walk away with it and appellant grabbed a baseball bat and struck deceased upon the head with it, the blow causing deceased to stagger and fall, and later become unconscious. He was still…

2Cited by15 opinions

  1. Hawkins v. StateCourt of Criminal Appeals of Texas · 1981
  2. Ferguson v. StateCourt of Criminal Appeals of Texas · 1923
  3. Bowman v. StateCourt of Criminal Appeals of Texas · 1924
  4. Rose v. StateCourt of Criminal Appeals of Texas · 1922
  5. McKnight v. StateCourt of Criminal Appeals of Texas · 1924

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