Flynn v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Lamar. Tried below before Hon. Ben H. Denton. Appeal from a conviction of negligent homicide in the second degree; penalty, a fine of $2500. Appellant was charged by the indictment with the murder of Richard Pepper, on the 24th of August, 1901, by shooting him with a pistol. Defendant owned a saloon and left it about 4 o’clock a. m. to go by on his way home to see a friend who was quite sick.
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Appeal from the District Court of Lamar. Tried below before Hon. Ben H. Denton. Appeal from a conviction of negligent homicide in the second degree; penalty, a fine of $2500. Appellant was charged by the indictment with the murder of Richard Pepper, on the 24th of August, 1901, by shooting him with a pistol. Defendant owned a saloon and left it about 4 o’clock a. m. to go by on his way home to see a friend who was quite sick. He had a sack of money with him which he was taking home. Deceased was a negro porter in a saloon a short distance from defendant’s saloon. He also left his saloon a…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of negligent homicide in the second degree, and his punishment assessed at a fine of $2500; hence this appeal.
Appellant presents a number of assignments, but it is only necessary to discuss one; that is, does the evidence sustain the conviction for negligent homicide of the second degree? The testimony on the part of the State tended to show a homicide on malice, while that on the part of defendant tended to show a homicide committed in self-defense against' an attempt to rob, or the appearance of an attempt to rob, from appellant’s standpoint. Both…
2Cited by8 opinions
- Rester v. StateMississippi Supreme Court · 1916
- State v. PruettNew Mexico Supreme Court · 1921
- Merka v. StateCourt of Criminal Appeals of Texas · 1917
- People v. SchultzIllinois Supreme Court · 1915
- Padgitt Bros. Co. v. DorseyCourt of Appeals of Texas · 1918
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