Legal Opinion

Gehrke v. State

Texas Supreme Court

Decided July 1, 1855PublishedCited by 13 opinions

Appeal from Harris. The appellant was convicted of murder In the first degree, for killing his wife. The evidence showed that they had been married about a year; that the deceased left the prisoner and refused to live with him about two weeks before the killing; that the prisoner, being of a weak mind at best, quit work, went about inquiring of persons how he could get her back; that on the day of the killing they were seen passing a certain point in the city, (Houston,) he…

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Appeal from Harris. The appellant was convicted of murder In the first degree, for killing his wife. The evidence showed that they had been married about a year; that the deceased left the prisoner and refused to live with him about two weeks before the killing; that the prisoner, being of a weak mind at best, quit work, went about inquiring of persons how he could get her back; that on the day of the killing they were seen passing a certain point in the city, (Houston,) he urging her to consent to something, (witness could not hear what,) and she refusing; about two hundred yards further on,…

1Opinion of the CourtLipscomb, J.

The appellant was convicted of murder in the first degree, and judgment of death awarded upon the conviction, from which the prisoner prosecuted an appeal to this Court.

The first error assigned is, in excluding testimony offered by the prisoner at his trial. It appears from the record that the evidence rejected by the Court, was an offer to prove (not by medical men) that “ they were conversant with persons 6i well known to be insane, and that the conduct and appear-16 anee of the prisoner were like such as they had observed in se the said insane,” and further excluded from the jury expresa…

2Cited by13 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Davis v. Utah TerritorySupreme Court of the United States · 1894
  3. Hardy v. MerrillSupreme Court of New Hampshire · 1875
  4. Territory v. HartMontana Supreme Court · 1888
  5. Thomas v. StateTexas Supreme Court · 1874

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