Cox v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that defendant entered the frosty joint, took a pistol from the shelf under the counter and walked up to deceased behind the counter within three or four steps and shot him floym; that deceased was doing nothing at the time, and was talking quietly to a third party; that defendant approached from the side and shot deceased; that nothing was said at the time.
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The State’s testimony showed that defendant entered the frosty joint, took a pistol from the shelf under the counter and walked up to deceased behind the counter within three or four steps and shot him floym; that deceased was doing nothing at the time, and was talking quietly to a third party; that defendant approached from the side and shot deceased; that nothing was said at the time. There was also testimony by the State that just before the killing defendant threatened to kill deceased, and started for the frosty joint. The defendant testified that some fifteen or twenty minutes before…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of manslaughter, his punishment being assessed at five years in the penitentiary.
1. Appellant’s first complaint is that the court erred in not admitting the testimony of Dr. Spivey as to his opinion of the mental responsibility of appellant, and refers us to page 22 of the statement of facts for his hill of exceptions. Referring to the statement of facts, which is at the close of Dr. Spivey’s testimony, we find this language: “The court sustained the objection of the State to defendant’s counsel asking the witness whether or not in his…
2Cases cited3 opinions
- Crews v. StateCourt of Criminal Appeals of Texas · 1895
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Wells v. StateCourt of Criminal Appeals of Texas · 1906
3Cited by4 opinions
- Newchurch v. StateCourt of Criminal Appeals of Texas · 1938
- McKenny v. StateCourt of Criminal Appeals of Texas · 1926
- Craven v. StateCourt of Criminal Appeals of Texas · 1922
- Pace v. StateCourt of Criminal Appeals of Texas · 1937