King v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before the Hon. E. B. Muse. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary.
Read the full summary
Appeal from the Criminal District Court of Dallas. Tried below before the Hon. E. B. Muse. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. The State’s testimony shows that there was some ill-feeling between defendant and deceased, with reference to some notes that the latter owed the former; that the deceased was engaged in the grocery business, and that defendant had said that the deceased intended to rob him, that is, remove his goods and not pajr defendant, and that if he did, defendant would kill him; that on the day of…
1Opinion of the Court
BBOOICS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for twenty-five years.
Appellant excepts to the following portion of the court’s charge: “But you are further instructed that a party cannot avail himself of a necessity which he has knowingly and wilfully brought upon himself, whenever a party by his own wrongful act produces a condition of things wherein it becomes necessary for his safety that he should take life, or do serious bodily harm, then the law imputes to him his own wrong and its consequences to the…
2Cases cited1 opinion
- Airhart v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by6 opinions
- United States v. MooreUnited States Court of Military Appeals · 1964
- McCleary v. StateCourt of Criminal Appeals of Texas · 1909
- Pettus v. StateCourt of Criminal Appeals of Texas · 1910
- W. M. Banks v. StateCourt of Criminal Appeals of Texas · 1936
- Duke v. StateCourt of Criminal Appeals of Texas · 1909
1 more not listed; retrieve them via the Exa API.