Malcek v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction for murder of tbe second degree, tbe xmnisbment assessed being ten years in tbe penitentiary. Tbe murdered party was a woman (Marize Malcek), appellant’s wife. Tbe parties were Bohemians, and they were married in tbe old country in 1871. They bad lived thirteen years in Texas, part of which time they lived in Falls County..
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Appeal from tbe District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction for murder of tbe second degree, tbe xmnisbment assessed being ten years in tbe penitentiary. Tbe murdered party was a woman (Marize Malcek), appellant’s wife. Tbe parties were Bohemians, and they were married in tbe old country in 1871. They bad lived thirteen years in Texas, part of which time they lived in Falls County.. In Falls County they had several difficulties, and the wife at. one time left her husband and instituted two criminal proceedings against him, one for…
1Opinion of the Court
HURT, PRESIDING Judge.
Appellant was convicted for the murder of his wife. Murder of the second degree. Ten years in the penitentiary.
Upon the trial the State asked appellant, he being a witness, “Did not your wife bring suit against you for divorce, in Falls County, on the charge of adultery with the woman-who staid at your house?” Counsel for appellant objected, because irrelevant and calculated to prejudice him. Appellant answered, “yes.” After a very careful examination of the question as to whether this evidence was admissible, we have concluded that it was under the circumstances of this…
2Cited by10 opinions
- Fambrough v. WagleyTexas Supreme Court · 1943
- Hamblin v. StateCourt of Criminal Appeals of Texas · 1899
- Burnaman v. StateCourt of Criminal Appeals of Texas · 1913
- Renfro v. StateCourt of Criminal Appeals of Texas · 1900
- Burchard v. WoodwardCourt of Appeals of Texas · 1920
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