Alford v. State
Court of Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before the Hon. A. J. Hood. The appellant and Mace Alford and William Lytle were jointly indicted for the murder of George White, on August 2, 1879, by shooting him with a gun. Upon the separate trial of the appellant he was found guilty of murder in the second degree, and his punishment assessed at a term of five years in the penitentiary.
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Appeal from the District Court of Tarrant. Tried below before the Hon. A. J. Hood. The appellant and Mace Alford and William Lytle were jointly indicted for the murder of George White, on August 2, 1879, by shooting him with a gun. Upon the separate trial of the appellant he was found guilty of murder in the second degree, and his punishment assessed at a term of five years in the penitentiary. In the “ short, sharp, and decisive ” affray of which this record gives a brief account, and in which six men were engaged, the “ casualties ” footed up two killed and at least «one wounded. A…
1Opinion of the CourtClark, J.
Assuming that the appellant was present, and a participant in the rencontre which resulted in the death of the deceased, as found by the jury, several questions present themselves in the record, an affirmative answer to each of which is important in determining the validity of the present conviction. These questions may be stated as follows : —
1. Was the deceased, White, an “officer” within the contemplation of law, and authorized by law to execute the warrant of arrest as attempted ?
2. Was the warrant in his possession of sufficient validity in law to authorize the arrest of Thomas Alford,…
2Cases cited5 opinions
- Roberts v. StateSupreme Court of Missouri · 1851
- Rafferty v. PeopleIllinois Supreme Court · 1873
- State v. . BelkSupreme Court of North Carolina · 1877
- Stockton v. StateTexas Supreme Court · 1860
- James v. StateTexas Supreme Court · 1875