Hatchell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the second degree; penalty, 'five years imprisonment in the penitentiary. The testimony showed that the defendant and deceased met at the fireplace in Joel Whitfield’s store. As the deceased came up he said to defendant, “Hello Ditcher!” Defendant replied, “I am a gardener, I have been gardening to-day.”
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Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the second degree; penalty, 'five years imprisonment in the penitentiary. The testimony showed that the defendant and deceased met at the fireplace in Joel Whitfield’s store. As the deceased came up he said to defendant, “Hello Ditcher!” Defendant replied, “I am a gardener, I have been gardening to-day.” Deceased walked up to the fireplace and said, among other things, “Hatchell you are mad, we carpenters are in the habit of joking each other,” laughing and talking. There was…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of murder in the second degree, the punishment being assessed at confinement in the penitentiary for a term of five years; hence this appeal.
Appellant reserved a bill of exception to the action of the court in regard to the testimony of E. H. Carter, county attorney. The bill presenting this matter is in this wise: “The State, through its district attorney, read before the jury, the following statement of the witness Vaughan, who had testified before, in behalf of defendant on the examining trial, wherein said Vaughan stated, he was present during the…
2Cited by11 opinions
- Mauney v. StateCourt of Criminal Appeals of Texas · 1919
- Mooney v. StateCourt of Criminal Appeals of Texas · 1915
- Clayton v. StateCourt of Criminal Appeals of Texas · 1912
- Himmelfarb v. StateCourt of Criminal Appeals of Texas · 1915
- Haskette v. StateCourt of Criminal Appeals of Oklahoma · 1938
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