Finch v. State
Court of Criminal Appeals of Texas
The following statement by the Assistant Attorney-General is substantially correct: Appellant was the former husband of Mrs. Della Finch, by whom he had a boy six years of age, who at the time of this difficulty was residing with his mother, Mrs. Finch. Appellant and Mrs. Finch at the time of the difficulty had been divorced about a year and the deceased had been paying court to Mrs. Finch, and at the time he was killed was engaged to her.
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The following statement by the Assistant Attorney-General is substantially correct: Appellant was the former husband of Mrs. Della Finch, by whom he had a boy six years of age, who at the time of this difficulty was residing with his mother, Mrs. Finch. Appellant and Mrs. Finch at the time of the difficulty had been divorced about a year and the deceased had been paying court to Mrs. Finch, and at the time he was killed was engaged to her. On the evening of the killing appellant went to the house where Mrs. Della Finch resided and had a conversation with her, and while there learned that the…
1Opinion of the Court
HARPER, Judge.
Appellant was convicted. of murder in the second degree, and his punishment assessed at twenty years confinement in the penitentiary.
The first bill of exception complains of the action of the court in refusing to permit the six-year-old son of appellant to testify in the case. It is shown by the bill the testimony of this witness would have been material in reducing the offense from murder in the second degree to manslaughter, if he would have testified as is alleged in the bill. In the case of Anderson v. State, 53 Texas Crim. Rep., 341, it is said: “It has been uniformly held…
2Cases cited1 opinion
- Anderson v. StateCourt of Criminal Appeals of Texas · 1908
3Cited by7 opinions
- Hennington v. StateCourt of Criminal Appeals of Texas · 1924
- Butler v. StateCourt of Criminal Appeals of Texas · 1936
- Briscoe v. StateCourt of Criminal Appeals of Texas · 1921
- Studer v. StateCourt of Criminal Appeals of Texas · 1954
- Beaty v. StateCourt of Criminal Appeals of Texas · 1927
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