Hardy v. State
Court of Criminal Appeals of Texas
On a trial under indictment for the murder of one Nathan Huff, appellant was convicted of murder in the second degree, with punishment affixed at seven years in the penitentiary, and from this judgment of conviction he prosecutes this appeal. The theory of the defense was, that the killing was accidental. The defendant’s testimony as to the occurrence was as follows: My name is Henry Hardy.
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On a trial under indictment for the murder of one Nathan Huff, appellant was convicted of murder in the second degree, with punishment affixed at seven years in the penitentiary, and from this judgment of conviction he prosecutes this appeal. The theory of the defense was, that the killing was accidental. The defendant’s testimony as to the occurrence was as follows: My name is Henry Hardy. I lived with Frank Kirk in May, 1891. On the 16th of May of that year I went to the town of Schulenburg, together with Mr. J. W. Beal, John Thomas, and Leuvenia. After I reached town, and about an hour…
1Opinion of the Court
DAVIDSON, Judge.
Judge.—Appellant was convicted of murder in the second degree, and his punishment assessed at a term of seven years in the State penitentiary.
By the witness Jackson the State proved, that defendant, one week before the homicide, using a very opprobrious epithet in reference to an unnamed person, said, “He has got my pistol, and if he don’t give it up to me I propose to kill him.” This was objected to because it was not shown that defendant referred to deceased, or that deceased was in possession of the pistol. The court states in the bill of exceptions that he admitted the…
2Cases cited1 opinion
- Gaines v. SalmonTexas Supreme Court · 1856
3Cited by34 opinions
- Douglas v. StateCourt of Criminal Appeals of Texas · 1910
- General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913
- G. E. Morrison v. StateCourt of Criminal Appeals of Texas · 1899
- Hardy v. CommonwealthSupreme Court of Virginia · 1910
- Wragg v. StateCourt of Criminal Appeals of Texas · 1912
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