Richardson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Callahan. Tried below before Hon. T. H. Conner. ’ On a trial for the murder of one Steve D. Beasley, appellant was convicted of murder of the second degree, his punishment being assessed at a term of five years imprisonment in the penitentiary.
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Appeal from the District Court of Callahan. Tried below before Hon. T. H. Conner. ’ On a trial for the murder of one Steve D. Beasley, appellant was convicted of murder of the second degree, his punishment being assessed at a term of five years imprisonment in the penitentiary. In substance, the evidence, as set out in the statement of facts, shows that appellant, Richardson, and Steve Beasley, deceased, had been and were friends up to the evening of the shooting, which occurred between 8 and 9 o’clock p. m. on the 12th of August, 1890. The parties had been drinking and talking loud during…
1Opinion of the Court
HURT, Presiding Judge.
Conviction for murder of the second degree, with punishment of five years confinement in the penitentiary.
The evidence presented the issue as to whether the pistol was discharged by appellant accidentally or voluntarily, the deceased being killed by the shot. Upon this issue, the court instructed the jury: “ But in this connection you are further charged, that the law is, that when an injury is caused by violence to the person, the intent to injure is presumed, and it rests with the person inflicting the injury to show the accident or innocent intention; and therefore,…
2Cited by3 opinions
- Pace v. StateCourt of Criminal Appeals of Texas · 1910
- Hardin v. StateCourt of Criminal Appeals of Texas · 1909
- Hall v. StateCourt of Criminal Appeals of Texas · 1932