Derden v. State
Court of Criminal Appeals of Texas
The requested charge by the defendant on the subject of the second difficulty was as follows: “You are instructed that testimony of the trouble that occurred in the drugstore after the shooting was only permitted for the purpose of showing the minds of the parties at the time of the original difficulty; if you believe from the testimony that the defendant believed that the deceased, Mitcham, when he entered the building and caught hold of a chair intended to renew the…
Read the full summary
The requested charge by the defendant on the subject of the second difficulty was as follows: “You are instructed that testimony of the trouble that occurred in the drugstore after the shooting was only permitted for the purpose of showing the minds of the parties at the time of the original difficulty; if you believe from the testimony that the defendant believed that the deceased, Mitcham, when he entered the building and caught hold of a chair intended to renew the difficulty, and that defendant caught hold of another chair intending to defend himself, then you should not consider this…
1Opinion of the Court
RAMSEY, Judge.
Appellant was indicted on the 7th day of September, 1907, in the District Court of Henderson County charged with the murder of one John R. Mitcham. The case was thereafter transferred on a change of venue to Smith County. A trial had in said court on October 11, 1908, resulted in a conviction of the offense of manslaughter, with the punishment assessed at four years confinement in the penitentiary.
Appellant and deceased had been partners for about a year before the homicide, and their relations up to a short time before the' killing had been friendly. The deceased made a dying…
2Cases cited3 opinions
- Hill v. StateCourt of Criminal Appeals of Texas · 1908
- Brown v. StateTexas Supreme Court · 1873
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by10 opinions
- Cartwright v. StateCourt of Criminal Appeals of Texas · 1923
- State v. HuntNew Mexico Supreme Court · 1920
- Prigmore v. Hardware Mut. Ins. Co. of MinnesotaCourt of Appeals of Texas · 1949
- Ex Parte Lee CassasCourt of Criminal Appeals of Texas · 1929
- Ruiz v. StateCourt of Criminal Appeals of Texas · 1922
5 more not listed; retrieve them via the Exa API.