Legal Opinion

White v. State

Court of Criminal Appeals of Texas

Decided March 20, 1901No. 2141PublishedCited by 12 opinions

Appeal from the District Court of Rusk. Tried below before Hon. W. J. Graham Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary. Appellant "was charged by the indictment with the murder of Mark Wyatt, on the 6th day of January, 1901. Appellant, White, kept a drinking saloon in the village of Tatum. Deceased, Wyatt, was one of his customers and had run up an account at his bar.

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Appeal from the District Court of Rusk. Tried below before Hon. W. J. Graham Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary. Appellant "was charged by the indictment with the murder of Mark Wyatt, on the 6th day of January, 1901. Appellant, White, kept a drinking saloon in the village of Tatum. Deceased, Wyatt, was one of his customers and had run up an account at his bar. Wyatt was a turbulent, quarrelsome, overbearing and dangerous man when under the influence of. liquor. The parties had had a difficulty some time before the…

1Opinion of the Court

HENDERSON, Judge.

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

Appellant’s first bill of exceptions complains of the action of the court refusing to allow him to prove, by certain witnesses, that appellant told them on the next day after the killing of deceased, Wyatt, while they were examining the gun with which the shooting was done, that he killed deceased with the first shot he fired. Apellant claims that this testimony was admissible to support and corroborate defendant, inasmuch as it had been shown by…

2Cases cited2 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1897
  2. Campbell v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by12 opinions

  1. Edwards v. StateCourt of Criminal Appeals of Texas · 1911
  2. Stillwell v. StateCourt of Criminal Appeals of Texas · 1926
  3. Carter v. StateCourt of Criminal Appeals of Texas · 1920
  4. Brookreson v. StateCourt of Criminal Appeals of Texas · 1922
  5. Wheatley v. StateCourt of Criminal Appeals of Texas · 1932

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