Gentry v. State
Court of Criminal Appeals of Texas
The State’s testimony showed that the defendant stabbed deceased with a knife, killing him, and indicated that the difficulty arose from the fact that deceased was found in company with defendant’s mistress; that the killing occurred at a negro festival and was witnessed by several parties and occurred at night. The defense’s testimony showed that the deceased first struck or struck at the defendant having something in his hand.
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The State’s testimony showed that the defendant stabbed deceased with a knife, killing him, and indicated that the difficulty arose from the fact that deceased was found in company with defendant’s mistress; that the killing occurred at a negro festival and was witnessed by several parties and occurred at night. The defense’s testimony showed that the deceased first struck or struck at the defendant having something in his hand. It was also shown that the knife was a pocket-knife with a two or three-inch blade, and deceased was seen with a pocket-knife in his hand, etc.
1Opinion of the Court
HARPER, Judge.
— Appellant was indicted by the grand jury of Milam County, the indictment alleging mnrder in the first degree. On the first day of the term, when this ease was called, the district attorney announced to the court that it was not necessary to order a special venire, as he would not seek to convict the defendant of any higher degree of offense than murder in the second degree. Defendant, by his counsel, announced that as defendant was indicted for murder in the «first degree, he demanded that a special venire be ordered, filing a request to that effect. The court refused to order…
2Cases cited4 opinions
- Bowman v. StateCourt of Criminal Appeals of Texas · 1897
- Randolph v. StateTexas Supreme Court · 1853
- Brooks v. HicksTexas Supreme Court · 1858
- Searcy v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by12 opinions
- Viley v. StateCourt of Criminal Appeals of Texas · 1922
- Galveston, H. & S. A. Ry. Co. v. MillerCourt of Appeals of Texas · 1916
- Latham v. StateCourt of Criminal Appeals of Texas · 1914
- Hightower v. StateCourt of Criminal Appeals of Texas · 1914
- Clay v. StateCourt of Criminal Appeals of Texas · 1913
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