Merka v. State
Court of Criminal Appeals of Texas
That appellant killed deceased about 5 o’clock in the evening is shown by all of the testimony, and is in no way contested or disputed. Mrs. Jones testified that about 9 o’clock in the morning of this day appellant called her over the phone at her home and asked if Mr. Jones was at home. “I told him no, he was in the field pulling corn.”
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That appellant killed deceased about 5 o’clock in the evening is shown by all of the testimony, and is in no way contested or disputed. Mrs. Jones testified that about 9 o’clock in the morning of this day appellant called her over the phone at her home and asked if Mr. Jones was at home. “I told him no, he was in the field pulling corn.” He says: Ts he coming to town?’ I said: ‘He is coming this afternoon.’ He says, ‘I will see him when he comes.’ ” Mr. Jones did go to town that evening, taking a load of cotton seed. Mr. E. W. Kettler, an eyewitness, testified: “I first met him (deceased)…
1Opinion
ON REHEARING.
January 16, 1918.
MORROW, Judge.
The appellant was a youth about nineteen years of age, not fully grown. Deceased was a man about fifty-four years of age, weighing about 125 ponuds. On the morning of the day of the homicide appellant talked over the telephone to the wife of deceased. Inquiring if deceased was at home and learning that he was, asked whether he was coming to town, and on being informed that he would that afternoon, said, “I will see him when he comes.” This occurred about 9 o’clock in the morning. On the day prior to this conversation the father of appellant had been…
2Cases cited6 opinions
- Betts v. StateCourt of Criminal Appeals of Texas · 1910
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- Lee v. StateCourt of Criminal Appeals of Texas · 1903
- Fitch v. StateCourt of Criminal Appeals of Texas · 1896
- Taylor v. StateCourt of Criminal Appeals of Texas · 1899
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