Williford v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Chables F. Clint. Appeal from a conviction for murder in the second degree; penalty, twenty-one years imprisonment in the penitentiary. This is the second time this case has been appealed.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Chables F. Clint. Appeal from a conviction for murder in the second degree; penalty, twenty-one years imprisonment in the penitentiary. This is the second time this case has been appealed. The facts on the former appeal will be found in Williford v. State, 36 Texas Criminal Reports, 414. The following are the facts,as stated in appellant’s brief,on this appeal: The appellant is the son of the widow Williford, who lives near the little town of Bowlett, in Dallas County. A good portion of the time he worked at the gins,…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at twenty-one years in the penitentiary; hence this appeal.
Appellant complains of this portion of the charge of the court on self-defense: “All self-defense rests upon necessity. Where there is no necessity to kill, it can not be self-defense.” This is law. Hnder peculiar circumstances, it would be necessary to qualify or explain what is meant hy necessity. If the necessity was apparent only, then the charge might be calculated to mislead the jury, to the injury of the appellant; hut, if the…
2Cited by31 opinions
- Lagrone v. StateCourt of Criminal Appeals of Texas · 1919
- Boaz v. StateCourt of Criminal Appeals of Texas · 1920
- Smith v. StateCourt of Criminal Appeals of Texas · 1917
- Dixon v. StateCourt of Criminal Appeals of Texas · 1922
- Fox v. StateCourt of Criminal Appeals of Texas · 1913
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