Boyd v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wood. Tried below before the Hon. W. B. Heath. Appeal from a conviction of murder; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of intent to kill and negligent homicide: Beddit v. State, 47 S. W. Bep., 995; Morton v State, 71 S. W. Bep., 281. On question of court’s failure to charge on manslaughters Johnson r. State 42 Texas Grim.
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Appeal from the District Court of Wood. Tried below before the Hon. W. B. Heath. Appeal from a conviction of murder; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of intent to kill and negligent homicide: Beddit v. State, 47 S. W. Bep., 995; Morton v State, 71 S. W. Bep., 281. On question of court’s failure to charge on manslaughters Johnson r. State 42 Texas Grim. Bep., 377; Taylor v. State, 51 S. W. Bep., 1106; Branch’s Crim. Law, see. 504. On question o* general reputation and suspended sentence: Simonds v. State, 76 Texas Crim- Bep., 487.
1Opinion
ON REHEARING.
December 1, 1915.
DAVIDSON, Judge.
At a former day of this term the judgment herein was reversed. It was said, in the opinion of the writer, that manslaughter was in the case and should have been given in charge to the jury. The majority of the court, however, did not agree to that. This is the principal basis of this motion for rehearing. In this respect the motion requests the majority of the court to agree with the writer and hold that manslaughter should be charged upon another trial.
Beviewing the record, the writer still adheres to his former belief that manslaughter was in…
2Cases cited6 opinions
- Betts v. StateCourt of Criminal Appeals of Texas · 1910
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- Lee v. StateCourt of Criminal Appeals of Texas · 1903
- Taylor v. StateCourt of Criminal Appeals of Texas · 1899
- Betts v. StateCourt of Criminal Appeals of Texas · 1912
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