Legal Opinion

Halliburton v. State

Court of Criminal Appeals of Texas

Decided April 19, 1893No. 55PublishedCited by 2 opinions

At the trial, on motion of defendants, they were allowed to sever, and under their agreement defendant Minnie Halliburton was first placed on trial, which trial resulted in his conviction for murder in the second degree, with his punishment assessed at twenty years confinement in the State penitentiary.

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At the trial, on motion of defendants, they were allowed to sever, and under their agreement defendant Minnie Halliburton was first placed on trial, which trial resulted in his conviction for murder in the second degree, with his punishment assessed at twenty years confinement in the State penitentiary. E. P. Halliburton, deceased, was the father of Larkin Halliburton and this defendant, and the defense was that the killing was caused by his brutal and insulting conduct toward their mother. Mrs. E. P. Halliburton, wife of deceased, was also the sister of the codefendant Bookey Foster. In…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at twenty years in the penitentiary, from which he appeals.

There is but one question that need be considered. Appellant, his brother, and his maternal uncle went to the house of deceased in the morning, armed, waited his return from the village, and killed him as he was coming up his front walk. Deceased was the father of appellant and his brother. The defense was self-defense, and insulting and brutal conduct to their mother. On the latter ground of defense, the court charged the jury, that “…

2Cited by2 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1894
  2. Bowlin v. StateCourt of Criminal Appeals of Texas · 1922

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