Merritt v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of Joe Brown, by shooting him with a gun, on or about the 21st day of May, 1897. On the trial of the case the killing was not denied, but in justification it was contended that defendant was insane on the subject of a mob seeking to kill him, and that he insanely believed that the deceased, Joe Brown, was constantly trying to organize a mob for that purpose.
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The indictment charged appellant with the murder of Joe Brown, by shooting him with a gun, on or about the 21st day of May, 1897. On the trial of the case the killing was not denied, but in justification it was contended that defendant was insane on the subject of a mob seeking to kill him, and that he insanely believed that the deceased, Joe Brown, was constantly trying to organize a mob for that purpose. That a short time before the homicide defendant received certain "white-cap” notices, threatening his life, and upon the strength of this he had his wife, his son, and deceased placed under…
1Opinion of the Court
HEHDERSOE", 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; hence this appeal.
In appellant’s first bill of exceptions he complains that, the court acted improperly in admitting the testimony of T. F. Harrison, to the effect that, just before the killing, Joe Brown was over with him on the platform at Milsap, and went from there over to the blacksmith shop, and in connection with his going, stated that he said he was going from there either to get some water or draw some water, witness was…
2Cases cited1 opinion
- Gaines v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by27 opinions
- State v. ThorntonSupreme Court of New Jersey · 1962
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Tubb v. StateCourt of Criminal Appeals of Texas · 1908
- Smith v. StateMississippi Supreme Court · 1909
- Jones v. StateCourt of Criminal Appeals of Texas · 1949
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