Thompson v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried, below before the Hon. James Masterson, on exchange. Under an indictment which charged him with the murder of John B. Pickren, the accused was convicted of manslaughter, and was awarded a term of two years in the penitentiary. Doctor W. O. Langdon was the first witness for the State. He testified, in substance, that he was called to see the deceased, under information that he had just been stabbed.
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Appeal from the Criminal District Court of Harris. Tried, below before the Hon. James Masterson, on exchange. Under an indictment which charged him with the murder of John B. Pickren, the accused was convicted of manslaughter, and was awarded a term of two years in the penitentiary. Doctor W. O. Langdon was the first witness for the State. He testified, in substance, that he was called to see the deceased, under information that he had just been stabbed. Deceased died just as witness got to him. The knife entered the body just above the heart. It did not strike that organ. It was evident that…
1Opinion of the Court
Hurt, Judge.
This is a conviction for manslaughter. If it was a voluntary homicide, then the conviction is correct; for the facts surrounding the killing show such an offense. But, suppose the intent to kill was wanting, under a state of facts which would make the homicide manslaughter—if the accused intended to kill—of what offense would the accused be guilty, if death ensued?
To constitute manslaughter, there must be a voluntary killing. Webster defines the word voluntary thus: “Done by design, or intention; purposed, intended; as, if a man kill another by lopping a tree, it is not voluntary…
2Cited by3 opinions
- Steen v. StateCourt of Criminal Appeals of Texas · 1920
- Prigmore v. Hardware Mut. Ins. Co. of MinnesotaCourt of Appeals of Texas · 1949
- Smith v. StateCourt of Criminal Appeals of Texas · 1943