Legal Opinion

Jackson v. State

Court of Criminal Appeals of Texas

Decided February 15, 1893No. 107PublishedCited by 5 opinions

Appeal from the District Court of Jack. Tried below before Hon. J. W. Patterson. Appellant was indicted for the murder of James Hardin, and at liis trial was convicted of murder in the second degree, his punishment being affixed at thirty-five years in the penitentiary.

Read the full summary

Appeal from the District Court of Jack. Tried below before Hon. J. W. Patterson. Appellant was indicted for the murder of James Hardin, and at liis trial was convicted of murder in the second degree, his punishment being affixed at thirty-five years in the penitentiary. The difficulty which resulted in the killing occurred at a country dance, on Jasper Creek, in Jack County, Texas, on the night of the 15th of December, 1891. A quarrel ensued between deceased and defendant, and one or two others, as to who should dance in a set. After some sharp words, the parties went out of doors, when James…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at thirty-five years confinement in the penitentiary, from which conviction he appeals to this court.

He applied for, and was refused, a second continuance of his cause. The facts expected to be proved by Mrs. Mobley, Lucy West, and Henry Stevens, if true, could have been shown by several witnesses who testified at the trial, because such facts transpired, if at all, at and immediately in front of the house, where twenty to forty people were assembled. The homicide occurred at a dancing party in…

2Cited by5 opinions

  1. Cruz v. StateCourt of Criminal Appeals of Texas · 1925
  2. Dowell v. StateCourt of Criminal Appeals of Texas · 1910
  3. Wade v. StateCourt of Criminal Appeals of Texas · 1912
  4. Allen v. StateCourt of Criminal Appeals of Texas · 1911
  5. Burkhart v. StateCourt of Criminal Appeals of Texas · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API