Legal Opinion

Cooker v. State

Texas Supreme Court

Decided October 15, 1868PublishedCited by 6 opinions

Appeal from Medina. The ease was tried before Hon. George H. Hookah, one of the district judges. Cocker had gone to a well on the Salado, in Bexar county, accompanied by his son, a youth eleven years old, to water their stock. While they were at it, the appellant, Jones, accompanied by several others, came with their stock for the same purpose. Some dispute arose about the precedence in watering. Cocker was drinking, and brought his bottle and asked Jones to drink with him.

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Appeal from Medina. The ease was tried before Hon. George H. Hookah, one of the district judges. Cocker had gone to a well on the Salado, in Bexar county, accompanied by his son, a youth eleven years old, to water their stock. While they were at it, the appellant, Jones, accompanied by several others, came with their stock for the same purpose. Some dispute arose about the precedence in watering. Cocker was drinking, and brought his bottle and asked Jones to drink with him. Jones refused abruptly. Cocker then went to his gun, cocked it, and presented it at Jones. Cocker’s son rode between…

1Opinion of the CourtLindsay, J.

—Upon an indictment for murder a trial and conviction of the appellant for manslaughter was had in *500the district court, and from the judgment of that court he has appealed, and assigns various errors, for which he seeks a reversal.

Of the twelve assignments of error in the record, it is not necessary that this court should notice any others than the refusal of the court to grant a continuance on the affidavit of the accused and the refusal to give the charge to the jury asked by him at the trial. In the others we can perceive no merit.

On the first, it does not appear from the record that the…

2Cases cited2 opinions

  1. Campion v. AngierTexas Supreme Court · 1856
  2. Harrison v. CottonTexas Supreme Court · 1860

3Cited by6 opinions

  1. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  2. Calyon v. StateCourt of Criminal Appeals of Texas · 1915
  3. Tate v. StateCourt of Criminal Appeals of Texas · 1912
  4. Swilley v. StateCourt of Criminal Appeals of Texas · 1914
  5. Morris & Morris v. FilesTexas Supreme Court · 1874

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