Legal Opinion

Adams v. State

Court of Criminal Appeals of Texas

Decided May 7, 1902No. 2308PublishedCited by 11 opinions

Appeal from the District Court of Hopkins. Tried below before Hon. H. C. Connor. Appeal from a conviction of manslaughter; penalty, three years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Fayette Wilson, on the 15th day or September, 1899, by shooting him with a pistol. This is a second appeal in this case. See Adams v. State, 42 Texas Crim.

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Appeal from the District Court of Hopkins. Tried below before Hon. H. C. Connor. Appeal from a conviction of manslaughter; penalty, three years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of Fayette Wilson, on the 15th day or September, 1899, by shooting him with a pistol. This is a second appeal in this case. See Adams v. State, 42 Texas Crim. Rep., 366, and an examination of that case, in connection with the opinion in this, will disclose the material facts attendant upon the homicide.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of manslaughter, and his punishment assessed at three years confinement in the penitentiary.

' Submitting the issue of self-defense, the court charged the jury as follows; . “Now, if Fayette Wilson, on the night of the killing passed defendant and recognized him/and reined his horse in front of defendant, and saying to defendant, ‘Now I’ll fix you,’ dismounting from his horse; and if from the acts of the said Fayette Wilson, if any, or from his words coupled with his acts, if any, there was created in the mind of defendant a reasonable…

2Cited by11 opinions

  1. Pratt v. StateCourt of Criminal Appeals of Texas · 1908
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1912
  3. Darnell v. StateCourt of Criminal Appeals of Texas · 1910
  4. MacLin v. StateCourt of Criminal Appeals of Texas · 1912
  5. Roberts v. StateCourt of Criminal Appeals of Texas · 1905

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