Casey v. State
Court of Criminal Appeals of Texas
The following statement taken from defendant’s brief is substantially correct: The testimony showed that for some days prior to the killing the deceased had been mad at the appellant and would not speak to him, and that on the day before the homicide the deceased got mad at the appellant for not going and helping him fix a fence and on the night of the killing when spoken to by the appellant he was angry and spoke short to him, and when some words ensued between them he…
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The following statement taken from defendant’s brief is substantially correct: The testimony showed that for some days prior to the killing the deceased had been mad at the appellant and would not speak to him, and that on the day before the homicide the deceased got mad at the appellant for not going and helping him fix a fence and on the night of the killing when spoken to by the appellant he was angry and spoke short to him, and when some words ensued between them he started onto the appellant with a knife and made a threat to do him some serious bodily injury, appellant shot him.
1Opinion of the Court
DAVIDSON, Presiding Judge.
This conviction was for murder in the second degree, and ten years in the penitentiary fixed as a penalty.
Appellant used Laura Casey as a witness, and proved by her that on the night of the difficulty she was in the dining room. Immediately upon the gun firing, she went out on the gallery. She spoke to appellant, and asked him, “What he did that for?” His reply was that Harrison was coming onto him with a knife. This killing occurred at the residence of appellant. Harrison (deceased) was also living in the house. This was practically all the evidence of any moment…
2Cases cited10 opinions
- Jones v. StateCourt of Criminal Appeals of Texas · 1897
- Woodward v. StateCourt of Criminal Appeals of Texas · 1900
- Bailey v. StateCourt of Criminal Appeals of Texas · 1897
- Wells v. StateCourt of Criminal Appeals of Texas · 1902
- Dunagain v. StateCourt of Criminal Appeals of Texas · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stein v. StateCourt of Criminal Appeals of Texas · 1974
- Smith v. StateCourt of Criminal Appeals of Texas · 1908
- Huddleston v. StateCourt of Criminal Appeals of Texas · 1908
- Finks v. StateCourt of Criminal Appeals of Texas · 1919
- Austin v. StateCourt of Criminal Appeals of Texas · 1923
9 more not listed; retrieve them via the Exa API.