Briscoe v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Comanche. Tried below before the Honorable J. H. Arnold. Appeal from a conviction of murder; penalty, twenty years imprisonment in the penitentiary. The opinion states the case. On question of instrument used and presumption of law: Briggs v. State, 6 Texas Crim. App., 144; Jones v. State, 17 id., 612; Duke v. State, 120 S. W. Rep., 894; Fread v. State, 210 id., 695; Mason v. State, 228 id., 952, and cases cited in opinion.
Read the full summary
Appeal from the District Court of Comanche. Tried below before the Honorable J. H. Arnold. Appeal from a conviction of murder; penalty, twenty years imprisonment in the penitentiary. The opinion states the case. On question of instrument used and presumption of law: Briggs v. State, 6 Texas Crim. App., 144; Jones v. State, 17 id., 612; Duke v. State, 120 S. W. Rep., 894; Fread v. State, 210 id., 695; Mason v. State, 228 id., 952, and cases cited in opinion. On question of instrument used, and charge of court: Renow v. State, 120 S. W. Rep., 174; Reagan v. State, 157 id., 483; Best v. State,…
1Opinion
ON REHEARING.
December 7, 1921.
EATTIMORE, Judge.
Upon reconsideration of the record and the authorities we are of opinion that the State’s motion for rehearing herein should be granted. Article 1106, Vernon’s P. C., was substantially given in the main charge, and we have concluded that under the facts, that portion of special charge No. 6, for failure to give which we reversed this cause, was erroneous and misleading. Said paragraph of said special charge is as follows:
*657“Now, therefore, if you believe from the evidence that the deceased was using a knife in his attack on defendant, if you…
2Cases cited8 opinions
- Martinez v. StateCourt of Criminal Appeals of Texas · 1896
- Reagan v. StateCourt of Criminal Appeals of Texas · 1913
- Spencer v. StateCourt of Criminal Appeals of Texas · 1910
- Wilson v. StateCourt of Criminal Appeals of Texas · 1895
- Goodman v. StateCourt of Criminal Appeals of Texas · 1905
3 more not listed; retrieve them via the Exa API.