Ellis v. State
Court of Appeals of Texas
Appeal from the District Court of Kaufman. Tried below before Hon. Anson Rainey. On a trial under an indictment charging him with the murder of one Major Shaw, appellant was convicted of murder in the first degree, the penalty being assessed at death. The defense was self-defense, based upon threats and reasonable appearances of danger.
Read the full summary
Appeal from the District Court of Kaufman. Tried below before Hon. Anson Rainey. On a trial under an indictment charging him with the murder of one Major Shaw, appellant was convicted of murder in the first degree, the penalty being assessed at death. The defense was self-defense, based upon threats and reasonable appearances of danger. Defendant attempted to establish his nonage by his mother, who testified that he was between 16 and 17 years of age, but whose testimony on cross-examination clearly showed that she did not know the year in which he was born. Other witnesses testified that…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree, and the death penalty assessed, upon an indictment charging him with the killing of one Major Shaw.
Defendant made an application for a continuance for the testimony of several witnesses, two of whom appeared and testified at the trial. By two of the absent witnesses, to-wit, John Hardgrave and Emily Hardgrave, he proposed to prove that he is and always has been a peaceable and quiet citizen; by the absent witness Charles Tolbert, that he (the witness) had heard the deceased, on the day before the killing, say that he (the…
2Cited by7 opinions
- Rhea v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Herrera v. StateCourt of Criminal Appeals of Texas · 1931
- Northern v. StateCourt of Criminal Appeals of Texas · 1948
- Saffel v. StateCourt of Criminal Appeals of Texas · 1932
- Williams v. StateCourt of Criminal Appeals of Texas · 1915
2 more not listed; retrieve them via the Exa API.