Mealer v. State
Court of Criminal Appeals of Texas
On his separate trial under an indictment charging him and one W. J. Sprouse jointly with the murder of one John Webb, appellant was found guilty of murder in the second degree, with punishment assessed at twenty years confinement in the State penitentiary. The record is quite voluminous. In brief, the substance of the testimony is, that defendant was a bartender in Dillard’s saloon in the town of Garland, Dallas County, Texas.
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On his separate trial under an indictment charging him and one W. J. Sprouse jointly with the murder of one John Webb, appellant was found guilty of murder in the second degree, with punishment assessed at twenty years confinement in the State penitentiary. The record is quite voluminous. In brief, the substance of the testimony is, that defendant was a bartender in Dillard’s saloon in the town of Garland, Dallas County, Texas. Webb, the deceased, lived in the neighborhood of the village, and was in the habit of getting drunk every time he came to town. Two or three weeks, perhaps a month,…
1Opinion of the Court
SIMKINS, Judge.
The appellant complains that the court erred in refusing to charge manslaughter.
The testimony shows, that one Sprouse and deceased got into a personal difficulty in a small room in the rear of a saloon in which appellant was barkeeper; that appellant went' into the room with his pistol, and shot deceased in the stomach. The defense was, that appellant shot to save the life of Sprouse from deceased, who was fighting him with a knife. The court charged on murder in both degrees, and on justifiable homicide in the protection of the person of another from death or serious bodily…
2Cited by10 opinions
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Dunne v. StateCourt of Criminal Appeals of Texas · 1923
- Johnson v. State, Texas Court of Appeals, 14th District (Houston)2011
- Harris v. StateCourt of Criminal Appeals of Texas · 1912
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1917
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