Winfrey v. State
Court of Criminal Appeals of Texas
Abpeal from the District Court of Bowie. Tried below before Hon. J. M. Talbot. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. The indictment charged appellant with the murder of Ben Miller, on the 16th day of September, 1899, by shooting him with a pistol. All the essential facts pertaining to the killing are concisely but sufficiently stated in the first opinion below.
1Opinion of the Court
DAVIDS OH, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years.
He introduced Miss Anna Stanphill, who testified: That when the difficulty came up between- her stepfather (deceased) and her lover (defendant) they were in the sitting room, on the west side of the hall. That they were not expecting deceased until about 6 o’clock, or later. Unexpectedly, he arrived about 5 o’clock. That he ran up-the steps with his hatchet in hand, and “1 said to Carl, ‘There comes papa, with his…
2Cases cited8 opinions
- State v. CantienySupreme Court of Minnesota · 1885
- Paris v. StateCourt of Criminal Appeals of Texas · 1895
- Wilson v. StateCourt of Criminal Appeals of Texas · 1896
- Franklin v. StateCourt of Criminal Appeals of Texas · 1897
- Moseley v. StateCourt of Criminal Appeals of Texas · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. ByrdMontana Supreme Court · 1910
- Sue v. StateCourt of Criminal Appeals of Texas · 1907
- Paez v. State, Texas Court of Appeals, 4th District (San Antonio)1999
- Brittain v. StateCourt of Criminal Appeals of Texas · 1905
- Ross v. StateCourt of Criminal Appeals of Texas · 1913
9 more not listed; retrieve them via the Exa API.