Cole v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Comanche. Tried below before the Hon. N. R. Lindsey. Appeal from a conviction of manslaughter; penalty, four years imprisonment in the penitentiary.
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Appeal from the District Court of Comanche. Tried below before the Hon. N. R. Lindsey. Appeal from a conviction of manslaughter; penalty, four years imprisonment in the penitentiary. The court’s charge among other things instructed the jury: “You are further instructed that in such event the defendant Sam Cole would have the right to take his wife and child away from said Hudson’s house and would have the same right to resist such interference with said Lydia Cole as she would have had, and to use the same degree of force that she could have used, that is to say, such degree of force, and no…
1Opinion of the Court
BBOOICS,
Judge.—Appellant was convicted of manslaughter, and his punishment assessed at four years confinement in the penitentiary.
This is the third appeal of this case. The former appeals may be found in 8 Texas Ct. Rep., 141, and 13 Texas Ct. Rep., 730. We refer to the former opinions for statement of facts in the case.
Bill of exceptions number 1 shows that defendant placed James Gipson upon the stand, who was the postmaster at Coleman, Texas, who testified that he had been postmaster about twelve years; that he was postmaster at the time the defendant and his wife were living together as…
2Cases cited1 opinion
- Ex Parte FathereeCourt of Criminal Appeals of Texas · 1895
3Cited by14 opinions
- Lawler v. StateCourt of Criminal Appeals of Texas · 1928
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
- Glasser v. StateCourt of Criminal Appeals of Texas · 1921
- Richards v. StateCourt of Criminal Appeals of Texas · 1909
- Gilmore v. StateCourt of Criminal Appeals of Texas · 1922
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