Atkinson v. State
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Indictment for the murder of Thomas Harrison, in December, 1855, tried at the Spring Term, 1856. The evidence is stated in the Opinion.
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Indictment for the murder of Thomas Harrison, in December, 1855, tried at the Spring Term, 1856. The evidence is stated in the Opinion. The Court gave all the instructions asked by either party, except the following clause, which was struck out of the seventh instruction asked by the prisoner’s counsel: “ It is safer to err in acquitting than .in punishing; on the part of mercy, than on the part of justice.” The only part of the instructions given in behalf of the State, that had reference to the distinction between murder…
1Opinion of the CourtRoberts, J.
The material facts of this case may be comprised in a narrow compass. The prisoner and the deceased were both at the town of Bellville, in the county of Austin, on the 22d day of December, A. D. 1855. They had a violent quarrel during the space of about a quarter of an hour, with but little intermission, which grew out of the prisoner’s picking up and walking off with a dollar that was staked between deceased and John C. Cloud, who were playing cards for it. Twice in the time before the killing they had their weapons drawn on each other, the prisoner a pistol and the deceased a hatchet; but…
2Cited by26 opinions
- Beggs v. StateCourt of Criminal Appeals of Texas · 1980
- State v. FullerSupreme Court of North Carolina · 1894
- Hicks v. StateCourt of Criminal Appeals of Texas · 1913
- State v. FosterSupreme Court of North Carolina · 1902
- Cook v. StateSupreme Court of Florida · 1903
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