Legal Opinion

Adams v. State

Court of Criminal Appeals of Texas

Decided December 19, 1900No. 2313PublishedCited by 6 opinions

Appeal from the District Court of Hopkins. Tried below before Hon. L. A. Clark. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Fayette Wilson, on the 13th day of Septemebr, 1899, by shooting him with a pistol.

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Appeal from the District Court of Hopkins. Tried below before Hon. L. A. Clark. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Fayette Wilson, on the 13th day of Septemebr, 1899, by shooting him with a pistol. The parties had a previous difficulty on the 4th of July, when deceased, Wilson, charged defendant with having told to parties in the community that he, Wilson, had to leave Arkansas on account of horse-stealing. This defendant denied, and Wilson told him he did…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years confinement in the penitentiary.

The eighteenth paragraph - of the charge of the court is criticised, and an instruction requested to correct the alleged error. The paragraph is as follows: “But, when the fact of an unlawful killing is established, in order to reduce it to manslaughter it must appear from the evidence that adequate cause, as above explained, in fact existed; and it must further appear that such adequate cause produced anger, rage, sudden resentment, or…

2Cited by6 opinions

  1. Pratt v. StateCourt of Criminal Appeals of Texas · 1908
  2. State v. FriendWest Virginia Supreme Court · 1925
  3. Ward v. StateCourt of Criminal Appeals of Texas · 1924
  4. May v. StateCourt of Criminal Appeals of Texas · 1935
  5. Treadway v. StateCourt of Criminal Appeals of Texas · 1912

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