Legal Opinion

Hughes v. State

Court of Criminal Appeals of Texas

Decided March 5, 1902No. 2377PublishedCited by 6 opinions

Appellant was charged by the indictment with the murder of George Frompton, on the 12th day of June, 1899. There were five counts in the indictment as to the means used in committing the murder, viz: The first, that it was done by striking with a hand ax; second, with some hard instrument to the grand jurors unknown; third, by drowning him in water; fourth, by striking him with a hand ax and hard instrument and then drowning him; and fifth, by ways, instruments, weapons, and…

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Appellant was charged by the indictment with the murder of George Frompton, on the 12th day of June, 1899. There were five counts in the indictment as to the means used in committing the murder, viz: The first, that it was done by striking with a hand ax; second, with some hard instrument to the grand jurors unknown; third, by drowning him in water; fourth, by striking him with a hand ax and hard instrument and then drowning him; and fifth, by ways, instruments, weapons, and means to the grand jurors unknown. On the 15th of June, 1899, the dead body of George Frompton was found in a waterhole…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at twenty-one years confinement in the penitentiary.

In the view we take of this case, it is only necessary to pass upon a few of appellant’s assignments of error. Appellant insists that the court erred, in the sixteenth paragraph of his charge, in charging the jury as follows: “The defendant is presumed by the law to be innocent until his guilt is established by legal evidence beyond a reasonable doubt, and if you have a reasonable doubt as to his guilt you will acquit him.” His objections are…

2Cases cited2 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
  2. Darter v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by6 opinions

  1. Western Union Telegraph Co. v. DouglassTexas Supreme Court · 1911
  2. Hughes v. StateCourt of Criminal Appeals of Texas · 1902
  3. Suddath v. StateCourt of Criminal Appeals of Texas · 1921
  4. McDougal v. StateCourt of Criminal Appeals of Texas · 1917
  5. McDougal v. StateCourt of Criminal Appeals of Texas · 1917

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