Legal Opinion

Christian v. State

Court of Criminal Appeals of Texas

Decided March 25, 1904No. 2995PublishedCited by 15 opinions

The principal State’s witness and half brother of deceased testified that they were on their way to a religious meeting and happened to meet defendant; all parties were horseback. Deceased said to defendant, “Hello!” to which defendant replied with a “Hello!” Deceased then addressed defendant thus: “Pete, what have you been telling it around over the country that I cursed you for?” To which defendant replied with a sort of grin, “Well, you did.”

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The principal State’s witness and half brother of deceased testified that they were on their way to a religious meeting and happened to meet defendant; all parties were horseback. Deceased said to defendant, “Hello!” to which defendant replied with a “Hello!” Deceased then addressed defendant thus: “Pete, what have you been telling it around over the country that I cursed you for?” To which defendant replied with a sort of grin, “Well, you did.” The deceased then said, “Well, get down; we had as well settle it here.” They both dismounted and faced each other. When defendant first got off his…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of manslaughter, and his punishment assessed at confinement in the penitentiary for two years and six months.

Appellant complains of the following portion of the charge of the court: “If you believe from the evidence beyond a reasonable doubt that defendant with a deadly weapon, or instrument reasonably calculated and likely to produce death, by the mode and manner of its use, in a sudden transport of passion aroused by adequate cause, as the same is herein explained, and not in defense of himself againsr an unlawful attack reasonably producing a rational…

2Cases cited2 opinions

  1. Vann, Alias Vance v. StateCourt of Criminal Appeals of Texas · 1903
  2. Drake v. StateCourt of Criminal Appeals of Texas · 1903

3Cited by15 opinions

  1. State v. ChurchillWashington Supreme Court · 1909
  2. Flege v. StateNebraska Supreme Court · 1913
  3. State v. StansberrySupreme Court of Iowa · 1918
  4. Adams v. StateCourt of Criminal Appeals of Texas · 1905
  5. Chapman v. StateCourt of Criminal Appeals of Texas · 1912

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