Legal Opinion

Thomason v. State

Court of Appeals of Texas

Decided July 1, 1877PublishedCited by 1 opinion

Appeal from the District Court of Johnson. Tried below before the Hon. D. M. Prendergast. The appellant and Walter Howeth, the deceased, together with two brothers named Davis, all young men, had been drinking; in the town of Alvarado on the evening of the killing, and left town early-in the night and. in company. About a mile from the town Howeth was shot through the. head and killed.

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Appeal from the District Court of Johnson. Tried below before the Hon. D. M. Prendergast. The appellant and Walter Howeth, the deceased, together with two brothers named Davis, all young men, had been drinking; in the town of Alvarado on the evening of the killing, and left town early-in the night and. in company. About a mile from the town Howeth was shot through the. head and killed. According to the testimony of the two brothers Davis,, one of them and the deceased were riding together,, and the other and the appellant were riding immediately in the rear. Appellant had been shooting off…

1Opinion of the CourtWinkler, J.

The appellant was indicted in the district court of Johnson county for the murder of one Walter Howeth, alleged to have been committed on November 25, A. D. 1876. The indictment, agreeably to the transcript, was returned into the court and filed December 20, 1876.

On July 4, 1877, the accused filed in the district court a special plea, in which he alleges, on oath, that on December 21, A. D. 1876, the same 'being the day on which the indictment in this cause was presented and filed against him in this court, and for several days previous thereto, and also at and for several days previous to…

2Cases cited3 opinions

  1. Newman v. StateTexas Supreme Court · 1875
  2. Martin v. StateTexas Supreme Court · 1858
  3. State v. WhiteTexas Supreme Court · 1856

3Cited by1 opinion

  1. Reese v. StateCourt of Criminal Appeals of Texas · 1941

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