Gatlin v. State
Court of Appeals of Texas
Appeal from the District Court of Hill. Tried below before the Hon. D. M. Prendergast. The conviction was for murder in the second degree, and the punishment assessed was seven years in the penitentiary. W. P. Pardue, the father of the deceased, was the first witness examined for the State. His son died from the effects of a wound received on the night of October 26, 1877. About three days before the death of deceased, witness consulted with the attending physicians, Drs.
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Appeal from the District Court of Hill. Tried below before the Hon. D. M. Prendergast. The conviction was for murder in the second degree, and the punishment assessed was seven years in the penitentiary. W. P. Pardue, the father of the deceased, was the first witness examined for the State. His son died from the effects of a wound received on the night of October 26, 1877. About three days before the death of deceased, witness consulted with the attending physicians, Drs. Schofield, Douglas, and Mese, and from them learned that the deceased was not likely to recover. Witness then told his son…
1Opinion of the CourtWinkler, J.
This is an appeal from a verdict and judgment of conviction of murder in the second degree, charged to have been committed by the appellant upon one James M. Pardue, in Hill County. It is averred in the indictment that the mortal wound was inflicted on October 26, 1877, and that death ensued therefrom on November 8, 1877. The indictment is for murder.
The errors assigned are: 1. That the court erred in its charge to the jury, and especially in not charging on manslaughter. 2. That the court erred in not giving charges Nos. 1, 2, and 3 asked by defendant’s counsel; counsel stating in this…
2Cases cited2 opinions
- Hudson v. StateTexas Supreme Court · 1874
- Jones v. StateTexas Supreme Court · 1874