Sebastian v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant and one W. M. Gates jointly with the murder of Francis M. B. Stripling, on the 13th day of October, 1894, by shooting him with a gun. In this ease defendant J. M. Sebastian was alone tried. This is the second appeal in this case.
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Appeal from the District Court of McLennan. Tried below before Hon. Sam R. Scott. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant and one W. M. Gates jointly with the murder of Francis M. B. Stripling, on the 13th day of October, 1894, by shooting him with a gun. In this ease defendant J. M. Sebastian was alone tried. This is the second appeal in this case. See Sebastian v. State, 41 Texas Crim. Bep., 248. This appeal is disposed of on errors in the charge of the court, which are fully set out in…
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 five years, and he prosecutes this appeal.
Appellant assigns a number of errors. But, in the view we take of the ease, it is only necessary to consider one of said assignments, and that relates to the charge of the court. The charge complained of is on the question of threats in connection with self-defense, and is as follows: “Upon the question of threats, you are instructed that threats made by the deceased against the person charged with the…
2Cited by8 opinions
- Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
- Watson v. StateCourt of Criminal Appeals of Texas · 1906
- Burnett v. StateCourt of Criminal Appeals of Texas · 1904
- Lowe v. StateCourt of Criminal Appeals of Texas · 1928
- Neal v. StateCourt of Criminal Appeals of Texas · 1924
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