Pickett v. State
Court of Criminal Appeals of Texas
Appellant was charged by the indictment with the murder of Ella Foster, by shooting her with a gun on the 7th day of June, 1895, in Brown County. Appellant had been convicted of manslaughter in Brown County, but a new trial was granted and the venue changed thereafter.
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Appellant was charged by the indictment with the murder of Ella Foster, by shooting her with a gun on the 7th day of June, 1895, in Brown County. Appellant had been convicted of manslaughter in Brown County, but a new trial was granted and the venue changed thereafter. The following substantial statement of the essential facts in the case is taken from appellant’s brief, to wit: W. A. Foster testifies that there had been some trouble between him and Pickett about land fourteen years ago, but they made friends, and soon after some trouble about dogs, but they again made friends. Appellant…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted'of manslaughter, and his punishment assessed at two years confinement in the penitentiary.
On a former trial he had been acquitted of murder and convicted of manslaughter. On appeal, the judgment was reversed. On the trial which resulted in this conviction, the issue of manslaughter alone was submitted as a predicate for conviction. This is not a case where the .evidence shows only murder, excluding the issue of manslaughter; therefore, it is not necessary to discuss the case from that standpoint. There was evidence on the last trial, as in the…
2Cases cited1 opinion
- Scroggins v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by7 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 1948
- Cornelius v. StateCourt of Criminal Appeals of Texas · 1908
- Burnett v. StateCourt of Criminal Appeals of Texas · 1908
- Gray v. StateCourt of Criminal Appeals of Texas · 1910
- Crowder v. StateCourt of Criminal Appeals of Texas · 1915
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