Craven v. State
Court of Criminal Appeals of Texas
The dying declarations of deceased gave the following account of the homicide: “Deceased told me [witness] that he got in the wagon with defendant at the store and started off down the road, said he was going to Pyles Prairie to pick cotton, and that they had gone some distance and defendant said to him: ‘Ed, we have not been getting along very well of late, and it looks like we ought to try to do better and come to some better understanding and get along better.’ Deceased…
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The dying declarations of deceased gave the following account of the homicide: “Deceased told me [witness] that he got in the wagon with defendant at the store and started off down the road, said he was going to Pyles Prairie to pick cotton, and that they had gone some distance and defendant said to him: ‘Ed, we have not been getting along very well of late, and it looks like we ought to try to do better and come to some better understanding and get along better.’ Deceased said, ‘Tes, I think so, we have not been getting along well, I think we ought to try to arrange matters and settle this…
1Opinion of the Court
DAVIDSON", Presiding Judge.
Appellant was charged by indictment with killing Ed Keith, was convicted of murder in the second degree, and his punishment fixed at five years confinement in the penitentiary.
During the trial the dying declaration of Keith was admitted as evidence. Several objections were urged. The court heard the testimony of Mrs. George Peede, Dock Phillips, Dock Hudson and Chip Keasonover, wherein the State was attempting to lay the predicate for the introduction of the dying declarations. On exception being taken, the testimony was excluded. Subsequently, in a second attempt…
2Cases cited3 opinions
- Edmondson v. StateTexas Supreme Court · 1874
- Freeman v. StateCourt of Criminal Appeals of Texas · 1898
- Ex Parte MeyersCourt of Criminal Appeals of Texas · 1894
3Cited by12 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 1920
- Phillips v. StateCourt of Criminal Appeals of Texas · 1906
- Boyd v. StateCourt of Criminal Appeals of Texas · 1915
- Garcia v. StateCourt of Criminal Appeals of Texas · 1913
- Gillespie v. StateCourt of Criminal Appeals of Texas · 1916
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