Legal Opinion

Porez v. State

Court of Appeals of Texas

Decided June 20, 1891No. 7139PublishedCited by 8 opinions

Appeal from the District Court of Midland. Tried below before Hon. Wm. Kennedy. The charge of the court submitted the issues and law of murder in both degrees and of manslaughter. It also instructed the jury as to the law relating to the prevention of the consequences of theft, in accordance with the rules announced in the opinion.

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Appeal from the District Court of Midland. Tried below before Hon. Wm. Kennedy. The charge of the court submitted the issues and law of murder in both degrees and of manslaughter. It also instructed the jury as to the law relating to the prevention of the consequences of theft, in accordance with the rules announced in the opinion. Special charges submitting the issue and law of self-defense and resistance to an illegal arrest were requested by the defendant and refused by the court. The evidence is substantially set forth in the opinion.

1Opinion of the Court

WHITE, Presiding Justice.

This is an appeal from a judgment of conviction of murder in the first degree, with the death penalty assessed.

Appellant was charged by indictment with the murder of one Will Landrum, in the unorganized county of Upton, on the 21st day of July, 1890.

In brief, the important features shown by the evidence in this case are that deceased and one Sam Murry, who were cowboys on two neighboring ranches, had their saddles stolen, and after notifying some other parties and asking them to come on after them and assist in apprehending and arresting the thieves, they started on…

2Cited by8 opinions

  1. Hammond and Thomason v. StateCourt of Criminal Appeals of Texas · 1931
  2. Henderson v. United States Fidelity & Guaranty Co.Texas Commission of Appeals · 1927
  3. Moore v. StateCourt of Criminal Appeals of Texas · 1946
  4. Henderson v. United States Fidelity & Guaranty Co.Texas Commission of Appeals · 1928
  5. Bennett v. StateCourt of Criminal Appeals of Texas · 1932

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