Legal Opinion

Clay v. State

Court of Criminal Appeals of Texas

Decided November 24, 1915No. 3817PublishedCited by 4 opinions

Appeal from tbe District Court of San Augustine. Tried below before the Non. A. B. Davis. Appeal from a conviction of murder; penalty, twenty-five years con-ffinement in the penitentiary. The opinion states the case. On question of general reputation for truth and veracity of witness: Rushing v. State, 25 Texas Crim. App., 603; Murphy y. State, 40 S. W. Rep., 978; Harris y. State, 45 ,S. W. Rep., 714; Payne v. State, 50 S. W. Rep., 363.

1Opinion of the Court

DAYIDSON, Judge.

This record presents the old story of conflict, positive and direct, as to the circumstances attending the homicide. The State’s case puts the defendant in the wrong from the beginning. The defendant’s ease puts him acting in self-defense. The evidence, we think, is unnecessary to be detailed.

A witness named Jones was one of the most important, if not the most important State’s witness. In rebuttal the State offered quite a number of prominent witnesses, among them the sheriff, to sustain the general reputation of the witness Jones as to truth and veracity. No attack had been…

2Cases cited2 opinions

  1. McCue v. StateCourt of Criminal Appeals of Texas · 1913
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1914

3Cited by4 opinions

  1. Polk v. StateCourt of Criminal Appeals of Texas · 1987
  2. Clay, Jr. v. StateCourt of Criminal Appeals of Texas · 1917
  3. Clay, Jr. v. StateCourt of Criminal Appeals of Texas · 1917
  4. Osborne v. StateCourt of Criminal Appeals of Texas · 1926

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