Powell v. State
Court of Appeals of Texas
Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. This conviction was in the second degree for the murder of John How.ard, in Johnson County, Texas, on August 12, 1888. The penalty assessed against the appellant was a term of eight years in the penitentiary. Mrs. Bettie Howard, the wife of the deceased, testified for the State, in substance, that she was the sister of the defendant.
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Appeal from the District Court of Johnson. Tried below before Hon. J. M. Hall. This conviction was in the second degree for the murder of John How.ard, in Johnson County, Texas, on August 12, 1888. The penalty assessed against the appellant was a term of eight years in the penitentiary. Mrs. Bettie Howard, the wife of the deceased, testified for the State, in substance, that she was the sister of the defendant. The witness, with her infant child, went to her mother’s house, where the defendant lived, about a week before the homicide. During that week she was visited three times by her…
1Opinion of the Court
Willson, Judge.
Several objections to the charge of the court are presented and insisted upon by counsel for defendant. As the conviction is for murder in the second degree, the charge upon murder in the first degree will not be considered.
It is objected that the definition given in the charge of “malice” is insufficient and erroneous. This court has repeatedly held to the contrary. Gallaher v. The State, ante, 247.
An exception to the charge upon murder in the second degree was reserved because the rule of reasonable doubt was not applied therein. It is true that in prosecutions for murder…
2Cited by4 opinions
- Butler v. StateCourt of Criminal Appeals of Texas · 1954
- Shannon v. StateCourt of Criminal Appeals of Texas · 1930
- Tucker v. StateCourt of Criminal Appeals of Texas · 1926
- Wright v. PeopleSupreme Court of Colorado · 1946