Legal Opinion

Guffee v. State

Court of Appeals of Texas

Decided July 1, 1880PublishedCited by 1 opinion

Appeal from the District Court of Johnson. Tried below before the Hon. J. Abbott. Elijah Guffee, the appellant, was charged in the indictment with the murder of Mike Dixon, on November 29,1878, by shooting him with a gun. The jury found him guilty of murder in the first degree, and assessed his punishment at confinement in the penitentiary for the term of his natural life.

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Appeal from the District Court of Johnson. Tried below before the Hon. J. Abbott. Elijah Guffee, the appellant, was charged in the indictment with the murder of Mike Dixon, on November 29,1878, by shooting him with a gun. The jury found him guilty of murder in the first degree, and assessed his punishment at confinement in the penitentiary for the term of his natural life. Cleburne, the county-seat of Johnson County, was the scene of a tragical affray which occurred between sunset and dark of the 29th of November, 1878, and resulted in the almost instant death of two out of the three actors…

1Opinion of the CourtClark, J.

In the determination of the novel and somewhat intricate questions involved in this case, as they arise upon the record, we are aided but little by the adjudged cases, or the writings of learned jurists who have made the-department of criminal law their special study. So far as we have been able to ascertain by an investigation necessarily hurried- and unsatisfactory, no case occupying the-precise attitude of this has as yet come up for decision and the general principles of criminal law, as found in the-books, fail to supply us with rules for guidance, well-defined and established, and…

2Cases cited4 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. State v. PorterSupreme Court of Iowa · 1871
  3. Perry v. StateTexas Supreme Court · 1876
  4. People v. WoodyCalifornia Supreme Court · 1873

3Cited by1 opinion

  1. Rogers v. StateCourt of Criminal Appeals of Alabama · 2001

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