Fossett v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The indictment charged appellant with the murder of Green Durrett, alias Doc Carver, on the 29th day of May, 1899, by shooting him with a pistol.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The indictment charged appellant with the murder of Green Durrett, alias Doc Carver, on the 29th day of May, 1899, by shooting him with a pistol. The record is very voluminous, but the immediate facts attendant upon the homicide may be stated briefly as follows, to wit: Appellant, Fossett, and deceased, Durrett, alias Carver, were both gamblers. Some time before the homicide deceased had been employed…
1Opinion of the Court
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty years, and he prosecutes this appeal.
Appellant's first assignment of error involves the action of the court overruling his motion for continuance, which was again brought to the attention of the court in the motion for new trial. The application for continuance was based on the absence of Lee Holloway and Walter Jones. Appellant's main defense was that the killing was only manslaughter, because deceased had made remarks of an insulting character in regard…
2Cases cited2 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Holley v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by12 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1913
- Renfro v. StateCourt of Criminal Appeals of Texas · 1900
- Caruth v. StateCourt of Criminal Appeals of Texas · 1915
- Earles v. StateCourt of Criminal Appeals of Texas · 1905
- Minkow v. United StatesCourt of Appeals for the Fourth Circuit · 1925
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