High v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The indictment in this case charged the accused with the murder of Louis McDougald, in Smith county, Texas, on the twenty-eighth day of July, 1888. The trial, which was had on the twenty-fourth day of September, 1888, resulted in the conviction of the appellant for manslaughter, -with a term of three years in the penitentiary assessed as penalty.
Read the full summary
Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. The indictment in this case charged the accused with the murder of Louis McDougald, in Smith county, Texas, on the twenty-eighth day of July, 1888. The trial, which was had on the twenty-fourth day of September, 1888, resulted in the conviction of the appellant for manslaughter, -with a term of three years in the penitentiary assessed as penalty. Nathan Stevens was the first witness for the State. He testified that he lived on the place of Mrs. Humphreys, in the city of Tyler, Texas, and lived on that place in…
1Opinion of the Court
White, Presiding Judge.
“Manslaughter is voluntary homicide committed under the immediate influence of sudden passion arising from an adequate cause, but neither justified or excused by law.” (Penal Code, art. 593.) Two of the adequate causes enumerated in our statute as being sufficient to reduce a homicide from murder to manslaughter are, “first, an assault and battery by the deceased causing pain or bloodshed; and, second, a serious personal conflict in which great injury is inflicted by the person killed by means of weapons or other instruments of violence, or by means of great superiority…
2Cases cited2 opinions
- Slattery v. StateTexas Supreme Court · 1874
- State v. BurkeSupreme Court of Iowa · 1870
3Cited by9 opinions
- State v. GrayOregon Supreme Court · 1904
- Roddie v. StateCourt of Criminal Appeals of Oklahoma · 1921
- John E. Mabee, Inc. v. AnthonySupreme Court of Oklahoma · 1932
- Miller v. ProughMissouri Court of Appeals · 1920
- Hillman v. StateCourt of Criminal Appeals of Texas · 1934
4 more not listed; retrieve them via the Exa API.