Legal Opinion

Weaver v. State

Court of Criminal Appeals of Texas

Decided March 25, 1904No. 2912PublishedCited by 11 opinions

The deceased had just returned to his home from Milford the day he was killed, about two hours before sundown. Just before night he took two water buckets and went to the spring for water; soon after he was gone several pistol or gunshots were heard by his wife and others, in the direction of the spring.

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The deceased had just returned to his home from Milford the day he was killed, about two hours before sundown. Just before night he took two water buckets and went to the spring for water; soon after he was gone several pistol or gunshots were heard by his wife and others, in the direction of the spring. His wife, her sister and Joe Hinson, a little while after the shooting, went towards the spring, which was near the house, and found Charley Martin, the deceased, dead near the spring. There were no eyewitnesses to the killing, but the next morning early the sheriff and officers were at the…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life. This is the second appeal, the former opinion being reported in 3 Texas Ct. Rep., 639.

Appellant’s second, third, fourth, fifth and sixth assignments of error all relate to the admission of testimony tending to prove motive, which evidence we held in the former appeal admissible for this purpose. However, appellant insists that the "evidence is not admissible for this purpose; and if so, it should be limited in the court’s charge to the question of…

2Cases cited2 opinions

  1. Woodward v. StateCourt of Criminal Appeals of Texas · 1900
  2. Attaway v. StateCourt of Criminal Appeals of Texas · 1900

3Cited by11 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1921
  2. Patterson v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1934
  3. Walker v. StateCourt of Criminal Appeals of Texas · 1913
  4. Williams v. StateCourt of Criminal Appeals of Texas · 1916
  5. Wilson v. StateCourt of Criminal Appeals of Texas · 1913

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