Legal Opinion

Miller v. State

Court of Criminal Appeals of Texas

Decided February 14, 1912No. 1311PublishedCited by 4 opinions

From the brief of counsel the following statement is found to be substantially correct: That the testimony showed that the prosecutor (defendant’s divorced husband), who testified against defendant, was not injured; that he did not occupy the house exclusively where the poison, if any, was spread; that the house where the child died was occupied by the son of prosecutor; that it had been so occupied for nearly six months; that three or four days before the death of the…

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From the brief of counsel the following statement is found to be substantially correct: That the testimony showed that the prosecutor (defendant’s divorced husband), who testified against defendant, was not injured; that he did not occupy the house exclusively where the poison, if any, was spread; that the house where the child died was occupied by the son of prosecutor; that it had been so occupied for nearly six months; that three or four days before the death of the child, prosecutor’s son, who was the father of the child, and his family had gone on a tour in the country and that they…

1Opinion of the Court

DAVIDSON, Presiding Judge.

The indictment contains three counts. The first charges appellant with mixing strychnine with milk with intent to kill John Miller; the second charges appellant by mixing said poison with milk did kill John Miller; the third charges appellant with mingling strychnine with a certain drink, to wit, milk with intent to injure and kill Wm. Miller. The court in his charge submitted only the third count.

1. The first six bills of exception relate to the introduction of evidence introduced by the State to show, first, the good reputation of Wm. Miller for truth and veracity,…

2Cases cited2 opinions

  1. Ex Parte DenningCourt of Criminal Appeals of Texas · 1907
  2. Henry v. VaughanCourt of Appeals of Texas · 1907

3Cited by4 opinions

  1. E. B. Gilliam v. StateCourt of Criminal Appeals of Texas · 1936
  2. Bennett v. StateCourt of Criminal Appeals of Texas · 1917
  3. Ex parte McLoudCourt of Criminal Appeals of Texas · 1917
  4. Tipton v. StateCourt of Criminal Appeals of Texas · 1934

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