Thomas v. State
Court of Criminal Appeals of Texas
Deceased with several others, including the brothers of defendant, all negroes, were returning late at night from a festival at .Jim Bledsoe’s. Deceased raised a racket or fuss, but about what is not shown. Defendant was at home and in bed, and hearing the fuss ran to his father-in-law’s house, and getting his shotgun ran down to the scene of the difficulty.
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Deceased with several others, including the brothers of defendant, all negroes, were returning late at night from a festival at .Jim Bledsoe’s. Deceased raised a racket or fuss, but about what is not shown. Defendant was at home and in bed, and hearing the fuss ran to his father-in-law’s house, and getting his shotgun ran down to the scene of the difficulty. Defendant testified that when he reached the scene of the difficulty deceased was being held by two men, and when he asked what the matter was, deceased broke loose from those holding him and made at him with his pistol, when he raised…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, .and his punishment assessed at confinement in the penitentiary for a term of ten years; hence this appeal.
Appellant objected to the State proving by the witness Jim Bledsoe that before the shooting by appellant in which deceased was killed, he saw Doll Baty take deceased’s pistol away from him and hide it behind a stump in some grass; that the homicide occurred about 100 yards from where the pistol was hid. Said testimony was objected to because appellant was absent at the time said pistol was hid, and was not apprised…
2Cases cited1 opinion
- Scruggs v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by6 opinions
- Kannmacher v. StateCourt of Criminal Appeals of Texas · 1907
- Connell v. StateCourt of Criminal Appeals of Texas · 1904
- Powdrill v. StateCourt of Criminal Appeals of Texas · 1911
- Sherwood v. StateCourt of Criminal Appeals of Texas · 1929
- Halsford v. StateCourt of Criminal Appeals of Texas · 1908
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