Allen v. State
Court of Appeals of Texas
Appeal from the District Court of Wise. Tried below before the Hon. George A. McCall. The conviction in this case was in the second degree for the murder of Tom Gill, in Wise county, Texas, on the fifth day of April, 1886. The penalty assessed against the appellant was a term of thirty years in the penitentiary. J. W. Hutchinson was the first witness for the State.
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Appeal from the District Court of Wise. Tried below before the Hon. George A. McCall. The conviction in this case was in the second degree for the murder of Tom Gill, in Wise county, Texas, on the fifth day of April, 1886. The penalty assessed against the appellant was a term of thirty years in the penitentiary. J. W. Hutchinson was the first witness for the State. He testified, in substance, that he had an appointment to go with the deceased to the country, after a cow, on-the fifth day of April, 1886, and, for the purpose stated, met the deceased at about nine o’clock thgt morning, on the…
1Opinion of the Court
Hurt, Judge.
Under an indictment charging him with the murder of Tom Gill, appellant was convicted below of the second degree of that offense.
A number of witnesses for the State testified that appellant fired first in the interchange of shots which led to the homicide; others for the State timed the first firing as so nearly simultaneous that it was impossible to say which of the two took the initiative. Two witnesses for the defense testified that deceased fired first; others were in doubt. But the testimony of all left beyond dispute these facts: There had been a passage of words between…
2Cited by4 opinions
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- Byers v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Berry v. StateCourt of Criminal Appeals of Texas · 1916
- Byers v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909