Moore v. State
Texas Supreme Court
Appeal from Hunt County. STATEMENT. The opinion discloses enough of the evidence to illustrate a majority of the rulings thereupon. The testimony for the state and the defense represent the parties primarily in a quarrel at the front door of a saloon, with some conflict as to whether it was precipitated by the defendant, or the deceased.
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Appeal from Hunt County. STATEMENT. The opinion discloses enough of the evidence to illustrate a majority of the rulings thereupon. The testimony for the state and the defense represent the parties primarily in a quarrel at the front door of a saloon, with some conflict as to whether it was precipitated by the defendant, or the deceased. It shows however that after a time of mutual abuse, the deceased started off from the saloon on horseback when he was denounced by the defendant as a cowardly-The deceased thereupon turned, rode upon the defendant with his quirt uplifted in a threatning…
1Opinion of the Court
Opinion by
Willson, J.
It was not error to overrule the exceptions to the indictment. All the essential elements of murder, in the first degree are plainly and directly averred therein. Dwyer vs. The State, 12 Tex. Ct. App. 535; Petersen vs. State, Id.650; Walker vs. State, ante.
It is made to appear from a bill of exceptions that upon the trial tne defendant offered to prove by several witnesses that the character of deceased was that he was a violent and dangerous tnan, such a man might reasonably be expected to execute a threat made, and to press to a fatal termination a difficulty in which…
2Cases cited10 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Horbach v. StateTexas Supreme Court · 1875
- O'Connell v. StateTexas Supreme Court · 1857
- Jordan v. StateTexas Supreme Court · 1853
- Garrett v. BurlesonTexas Supreme Court · 1860
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