Long v. State
Court of Criminal Appeals of Texas
The defendant admitted the fact that he committed the homicide, hut claimed to have done so in self-defense. He claimed that the night before, he was shot at by some one from ambush and that on the day of the killing he armed himself for self-defense; that in returning from his field work with some of his children in his wagon, he passed deceased, who was mounted on a mule, at about dark, near the latter’s home, returning home; that just as defendant had passed him, deceased…
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The defendant admitted the fact that he committed the homicide, hut claimed to have done so in self-defense. He claimed that the night before, he was shot at by some one from ambush and that on the day of the killing he armed himself for self-defense; that in returning from his field work with some of his children in his wagon, he passed deceased, who was mounted on a mule, at about dark, near the latter’s home, returning home; that just as defendant had passed him, deceased said, “Hold up, Mr. Long,” and that he stopped. Deceased said, “What of my stock has been bothering you?” Defendant…
1Opinion of the Court
DAVIDSON, Presiding Judge.
This conviction is for murder in the second degree, five years' confinement in the penitentiary being fixed as the penalty.
Dr. Allen, testifying in behalf of the State, over the objections of appellant, was permitted to state that he waited upon deceased at the time of his death; that the gun shot wound produced his death; that he had a conversation while attending deceased about his condition, and deceased used the following language, “This is mighty bad, isn’t it?” or words to that effect. This occurred the morning" after the difficulty. The grounds pf objections…
2Cases cited3 opinions
- Morrison v. StateCourt of Criminal Appeals of Texas · 1898
- Williams v. StateCourt of Criminal Appeals of Texas · 1894
- Munos v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by21 opinions
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Hunter v. StateCourt of Criminal Appeals of Texas · 1910
- Cooper v. StateCourt of Criminal Appeals of Texas · 1913
- Trigg v. StateCourt of Criminal Appeals of Texas · 1924
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