Legal Opinion

Dodson v. State

Court of Criminal Appeals of Texas

Decided October 22, 1902No. 2597PublishedCited by 9 opinions

Appellant was charged by the indictment with the murder of Allen Brown, on the 6th day of September, 1901, by shooting him with a pistol. The case is sufficiently stated in the opinion.

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Appellant was charged by the indictment with the murder of Allen Brown, on the 6th day of September, 1901, by shooting him with a pistol. The case is sufficiently stated in the opinion. The charges of the court as to impeaching testimony alluded to in the opinion, are as follows, viz: “Where evidence has been admitted by the court tending to impeach or discredit a witness, the admission of such evidence does not have the legal effect of withdrawing the evidence of such witness from the consideration of the jury, but they should take into consideration the evidence of such witness sought to be…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of five years.

Appellant was a convict guard and deceased a convict. The killing occurred at the camp where the convicts were working, about nightfall. During the supper Tobe Dodson, whom it appears was a “trusty” convict, and deceased engaged in a quarrel, the witnesses calling it “joshing” one another, and applied opprobrious epithets to each other. They came in from supper to the tent where their sleeping bunks were, and appellant told them to…

2Cases cited1 opinion

  1. Heffington v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by9 opinions

  1. Cole v. StateCourt of Criminal Appeals of Texas · 1905
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1912
  3. Ferguson v. StateCourt of Criminal Appeals of Texas · 1923
  4. Marshall v. United StatesCourt of Appeals for the D.C. Circuit · 1916
  5. Nicholson v. StateCourt of Criminal Appeals of Texas · 1922

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