Legal Opinion

Merka v. State

Court of Criminal Appeals of Texas

Decided April 4, 1917No. 4415PublishedCited by 14 opinions

That appellant killed deceased about 5 o’clock in the evening is shown by all of the testimony, and is in no way contested or disputed. Mrs. Jones testified that about 9 o’clock in the morning of this day appellant called her over the phone at her home and asked if Mr. Jones was at home. “I told him no, he was in the field pulling corn.”

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That appellant killed deceased about 5 o’clock in the evening is shown by all of the testimony, and is in no way contested or disputed. Mrs. Jones testified that about 9 o’clock in the morning of this day appellant called her over the phone at her home and asked if Mr. Jones was at home. “I told him no, he was in the field pulling corn.” He says: Ts he coming to town?’ I said: ‘He is coming this afternoon.’ He says, ‘I will see him when he comes.’ ” Mr. Jones did go to town that evening, taking a load of cotton seed. Mr. E. W. Kettler, an eyewitness, testified: “I first met him (deceased)…

1Opinion of the Court

PRENDERGAST, Judge.

Appellant was convicted of the murder of W. G. Jones, and his punishment assessed at twenty years in the penitentiary. The facts of the ease were established by clear, undisputed and unimpeached testimony.

Deceased was a man of small stature, fifty7four years old and weighed about 125 pounds. He lived with his family at Waterloo, about five and one-half miles north of Taylor. Appellant, as most of the witnesses designated him, was a young man. He was larger than Jones and lived at or near Taylor. One witness said he was about nineteen years old at the time of the trial, in…

2Cases cited21 opinions

  1. Miller v. StateCourt of Criminal Appeals of Texas · 1893
  2. Hatton v. StateCourt of Criminal Appeals of Texas · 1893
  3. Ex Parte JonesCourt of Criminal Appeals of Texas · 1893
  4. Shaw v. StateCourt of Criminal Appeals of Texas · 1895
  5. Davis v. StateCourt of Criminal Appeals of Texas · 1913

16 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Palafox v. StateCourt of Criminal Appeals of Texas · 1972
  2. Stroud v. StateCourt of Criminal Appeals of Texas · 1929
  3. Neal v. StateCourt of Criminal Appeals of Texas · 1924
  4. Twyman v. StateCourt of Criminal Appeals of Texas · 1924
  5. Hollman v. StateCourt of Criminal Appeals of Texas · 1919

9 more not listed; retrieve them via the Exa API.

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