Legal Opinion

Hays v. State

Court of Criminal Appeals of Texas

Decided October 26, 1921No. 5998PublishedCited by 20 opinions

Appeal from the District Court of Bowie. Tried below before the Honorable P. A. Turner. Appeal from a conviction of murder; penalty, fifty-five years imprisonment in the penitentiáry. The opinion states the case. On 'question of manslaughter: Guffey v. State, 8 Texas Crim. App., 201; Moore v. State, 26 id., 333; Young v. State, 41 Texas Crim.

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Appeal from the District Court of Bowie. Tried below before the Honorable P. A. Turner. Appeal from a conviction of murder; penalty, fifty-five years imprisonment in the penitentiáry. The opinion states the case. On 'question of manslaughter: Guffey v. State, 8 Texas Crim. App., 201; Moore v. State, 26 id., 333; Young v. State, 41 Texas Crim. Rep., 442; Moffatt v. State, 35 id., 257; Williams v. State, 40 id., 565; Harrison v. State, 47 id., 401. On question-of principals: Parnell v. State, 50 Texas Crim. Rep., 423; Chambers v. State, 46 id., 66; Hargrove v. State, 33 id:, 431; Snell v.…

1Opinion of the Court

MORROW, Presiding Judge.

The conviction is for the offense of murder with punishment fixed at confinement in the penitentiary for a period of fifty-five years.

Simeon Hays, Tom Hays and Boy Barnes were charged by separate indictments with the murder of Tom Smith. Barnes was also charged' with an assault with intent to rape on account of acts done in the same transaction.

The facts in the main are found in Barnes v. State, 232 S. W. Rep. 312, and 88 Texas Crim. Rep., 500, 228 S. W. Rep., 225, and in Tom Hays v. State, not yet reported.

Simeon Hays was present when the deceased was killed. There…

2Cases cited8 opinions

  1. Middleton v. StateCourt of Criminal Appeals of Texas · 1919
  2. Crews v. StateCourt of Criminal Appeals of Texas · 1895
  3. English v. StateCourt of Criminal Appeals of Texas · 1895
  4. Richards v. StateCourt of Criminal Appeals of Texas · 1908
  5. Blain v. StateCourt of Criminal Appeals of Texas · 1894

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3Cited by20 opinions

  1. Gray v. StateCourt of Criminal Appeals of Texas · 1924
  2. Gray v. StateCourt of Criminal Appeals of Texas · 1924
  3. Benavides v. StateCourt of Criminal Appeals of Texas · 1933
  4. Landry v. StateCourt of Criminal Appeals of Texas · 1930
  5. Hays v. StateCourt of Criminal Appeals of Texas · 1923

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