Legal Opinion

Taylor v. State

Court of Criminal Appeals of Texas

Decided March 2, 1921No. 6006Published

Appeal from the District Court of Smith. Tried below before the Honorable J. R. Warren. Appeal from a conviction of murder; penalty, twenty-five years imprisonment in the penitentiary. The opinion states the case.

1Opinion

on rehearing.

April 13, 1921.

LATTIMORE, Judge.

Insisting that we erred in holding admissible the declarations of Mrs. Norris to the defendant immediately after the homicide, appellant invokes the rule of the Casey case, 50 Texas Crim. Rep., 392, 97 S. W. Rep., 497, the Ex parte Kennedy case, 57 S. W. Rep., 648, and the Felder case, 23 Texas Crim. App., 477, but an examination of these, authorities shows that they are not stating the law of declarations and statements made to the accused under such circumstances as to make them res gestae and to call for a response or reply. In the Felder case,…

2Cases cited10 opinions

  1. Ryan v. StateCourt of Criminal Appeals of Texas · 1911
  2. Knight v. StateCourt of Criminal Appeals of Texas · 1912
  3. Castillo v. StateCourt of Criminal Appeals of Texas · 1892
  4. Casey v. StateCourt of Criminal Appeals of Texas · 1906
  5. Keeton v. StateCourt of Criminal Appeals of Texas · 1910

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