Legal Opinion

Wilson v. State

Court of Criminal Appeals of Texas

Decided January 21, 1897No. 1182PublishedCited by 12 opinions

Appeal from the District Court of Erath. Tried below before Hon. J. S. Stbatjghan. Appeal from a conviction for murder in the second degree; penalty, ten years’ imprisonment in the penitentiary. Appellant was charged, by the indictment, with the murder of Wm. Kay, in Erath County, on the 15th day of December, 1895, by stabbing and cutting him with a knife. The killing occurred on Sunday evening, about or just after dark.

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Appeal from the District Court of Erath. Tried below before Hon. J. S. Stbatjghan. Appeal from a conviction for murder in the second degree; penalty, ten years’ imprisonment in the penitentiary. Appellant was charged, by the indictment, with the murder of Wm. Kay, in Erath County, on the 15th day of December, 1895, by stabbing and cutting him with a knife. The killing occurred on Sunday evening, about or just after dark. Deceased Kay was a saloon keeper, and his partner in the business was Jaké Wilson, a brother of defendant. It -appears, that several years before defendant had sold out this…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and given ten years in the penitentiary, and prosecutes this appeal. We do not believe the court erred in overruling the motion for a continuance on account of the absence of the witness Young. Nor did the court err, as stated in appellant’s second bill of exceptions, in admitting the testimony of several witnesses to the effect that the de fendant had previously owned the saloon in which the deceased (William Kay) was then doing business, and permitting his minor son to stay in said saloon. The theory of the defense as…

2Cited by12 opinions

  1. Parker v. StateCourt of Criminal Appeals of Texas · 1904
  2. Dunne v. StateCourt of Criminal Appeals of Texas · 1923
  3. Connell v. StateCourt of Criminal Appeals of Texas · 1903
  4. State v. SmithMontana Supreme Court · 1920
  5. Willis v. StateCourt of Criminal Appeals of Oklahoma · 1917

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