Scott v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Dallas. Tried below before Hon. E. B. Muse. Appeal from a conviction of murder in the second degree; penalty, fifty years imprisonment in the penitentiary.
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Appeal from the District Court of Dallas. Tried below before Hon. E. B. Muse. Appeal from a conviction of murder in the second degree; penalty, fifty years imprisonment in the penitentiary. Mary Smith, the principal State’s witness, testified substantially that her first statement about the homicide, to the effect that defendant came to her rescue to prevent deceased from perpetrating a rape upon her, was untrue, and induced by threats of the defendant to kill her if she did not make such statement. That the truth of the matter was that she had consented to have carnal intercourse with…
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 fifty years; hence this appeal.
There are two bills of exception in the record which relate to the charge of the court. The court instructed the jury on the theory of self-' defense, which was raised by his evidence; and also on the theory that appellant was justified in slaying deceased, because deceased at the time was attempting to commit a rape on Mary Smith. The court, in applying the law to the facts on self-defense, instructed the jury:…
2Cited by2 opinions
- State v. MartinezNew Mexico Supreme Court · 1924
- Pena v. StateCourt of Criminal Appeals of Texas · 1941