Legal Opinion

Attaway v. State

Court of Criminal Appeals of Texas

Decided January 17, 1900No. 1963PublishedCited by 22 opinions

Appellant was indicted for the murder of Harry Alford, on the 19th. day of May, 1899, by shooting him with a gun and pistol. The evidence shows the killing occurred on Friday evening, the 19th of May, 1899, about 3 o’clock p. m., at the mill of Joe Attaway, a brother of defendant. Alford, the deceased, had gone to the mill with August Hager. Hager stopped at the mill to wait for Joe Attaway, who was absent at the time, hut was expected to return in a short time.

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Appellant was indicted for the murder of Harry Alford, on the 19th. day of May, 1899, by shooting him with a gun and pistol. The evidence shows the killing occurred on Friday evening, the 19th of May, 1899, about 3 o’clock p. m., at the mill of Joe Attaway, a brother of defendant. Alford, the deceased, had gone to the mill with August Hager. Hager stopped at the mill to wait for Joe Attaway, who was absent at the time, hut was expected to return in a short time. Alford, deceased, went to Joe Attaway’s house, which was in sight of and only a short distance from the mill. Defendant, Tom…

1Opinion of the Court

HEHDERSOH, Judge.

Appellant was convicted of murder in the second degree, and his' punishment assessed at confinement in the penitentiary for a term of five years, and he prosecutes this appeal.

In appellant’s first and second bills of exception he raises the question as to the admissibility of testimony concerning another offense charged against him. The State was permitted to prove by witness Will Williams that he was present at an interview between C. 0. Carter, district attorney of Montgomery County,, Texas, and deceased, ■Harry Alford, in regard to what he (Alford) would testify in a…

2Cited by22 opinions

  1. People v. KingIllinois Supreme Court · 1916
  2. Bowlin v. StateCourt of Criminal Appeals of Texas · 1922
  3. Sweeten v. StateCourt of Criminal Appeals of Texas · 1985
  4. Porch v. StateCourt of Criminal Appeals of Texas · 1906
  5. Terry v. StateCourt of Criminal Appeals of Texas · 1903

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