Farrer v. State
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. James Farrer was indicted and put on trial for murder. Allen Brown, witness for the State, testified that “ on August On cross-examination, witness was asked as to his testimony before the examining court. Philip Baraldono, for State, testified, that “ Allen Brown “ called to witness just before deceased was killed, and told “ him that the defendant was about to attack deceased.
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Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. James Farrer was indicted and put on trial for murder. Allen Brown, witness for the State, testified that “ on August On cross-examination, witness was asked as to his testimony before the examining court. Philip Baraldono, for State, testified, that “ Allen Brown “ called to witness just before deceased was killed, and told “ him that the defendant was about to attack deceased. Wit- “ ness immediately started towards deceased, but before reach- “ ing him, deceased was struck upon the head by a rock thrown “ from the hand of…
1Opinion of the CourtMoore, J.
To constitute express malice, killing must result from'an act done in pursuance of a formed design of a sedate, deliberate mind to kill the deceased, or to inflict upon him, by an unlawful act, some serious bodily harm, which might probably end in depriving him of life. (McCoy v. The State, 25 Texas, 33.) From the analysis of this definition, it will be seen that the killing may be with express malice, though there was, in fact, no intention or design to take the life of the deceased. It is the act by which one doth kill, to which the formed design must refer, and not to the fact of killing.…
2Cases cited2 opinions
- McCoy v. StateTexas Supreme Court · 1860
- Marshall v. StateTexas Supreme Court · 1874
3Cited by30 opinions
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- Perry v. StateTexas Supreme Court · 1876
- Ferrell v. StateTexas Supreme Court · 1875
- Spears v. StateCourt of Criminal Appeals of Texas · 1900
- Cooper v. StateCourt of Criminal Appeals of Texas · 1913
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