Legal Opinion

Brown v. State

Court of Criminal Appeals of Texas

Decided November 20, 1901No. 2479PublishedCited by 11 opinions

Appeal from the District Court of Smith. Tried below before Hon. Gordon Russell. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Houston Mayfield, on the first day of August, 1901, by shooting him with a Winchester rifle. The opinion gives a concise statement of the essential facts attendant upon the killing.

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for fifteen years; hence this appeal.

Appellant objected to the introduction by the State of the following testimony from the witness Isom Pittman, to wit: “That on the night of the homicide I heard John Brown (defendant) and Nim Brown have a conversation, in which conversation Nim Brown said to John Brown, fLet me have the gun; I will kill any son of a bitch that tries to run over my sister/ and John Brown refused to let him have the gun. John Brown said to…

2Cases cited6 opinions

  1. McGlasson v. StateCourt of Criminal Appeals of Texas · 1897
  2. Godwin v. StateCourt of Criminal Appeals of Texas · 1897
  3. Holley v. StateCourt of Criminal Appeals of Texas · 1898
  4. Cline v. StateCourt of Criminal Appeals of Texas · 1895
  5. Strange v. StateCourt of Criminal Appeals of Texas · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Conger v. StateCourt of Criminal Appeals of Texas · 1911
  2. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  3. Taylor v. StateCourt of Criminal Appeals of Texas · 1903
  4. Lopez v. StateCourt of Criminal Appeals of Texas · 1914
  5. Sullivan v. StateSupreme Court of Arkansas · 1924

6 more not listed; retrieve them via the Exa API.

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