Legal Opinion

Mayes v. State

Court of Criminal Appeals of Texas

Decided December 16, 1893No. 743PublishedCited by 19 opinions

Appeal from the District Court of Bell. Tried below before Hon. W. A. BlacKbttbN. This appeal is from a conviction for murder of the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. A sufficiently fair condensed statement of the facts is found in appellant’s brief, as follows: The evidence shows that appellant was deputy city marshal in the town of Belton on March 11,1893, and had been for several .years previous to that time.

Read the full summary

Appeal from the District Court of Bell. Tried below before Hon. W. A. BlacKbttbN. This appeal is from a conviction for murder of the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. A sufficiently fair condensed statement of the facts is found in appellant’s brief, as follows: The evidence shows that appellant was deputy city marshal in the town of Belton on March 11,1893, and had been for several .years previous to that time. That on the night of the 13 th of March, 1893, the city marshal was absent from town and appellant had charge of the office…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at five years, from which he appeals.

1. Appellant complains that the court erred in not requiring the State to place three witnesses on the stand who were shown by the testimony to be present during the quarrel and subsequent homicide. There is nothing in the proposition, certainly, as applied to this case. In the first place, there were eye-witnesses placed on the witness stand by the State; and in the next place, to require the State to put all such witnesses on the stand, and thereby vouch for…

2Cases cited3 opinions

  1. Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
  2. Johnson v. BrownTexas Supreme Court · 1879
  3. Green v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by19 opinions

  1. McKenzie v. StateCourt of Criminal Appeals of Texas · 1981
  2. Tubb v. StateCourt of Criminal Appeals of Texas · 1908
  3. Watson v. StateCourt of Criminal Appeals of Texas · 1922
  4. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  5. Goode v. StateCourt of Criminal Appeals of Texas · 1909

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API