Legal Opinion

Ahearn v. State

Court of Criminal Appeals of Texas

Decided November 24, 1915No. 3691PublishedCited by 4 opinions

Appeal from the Criminal District Court- of Dallas. Tried below before the Hon. Bobt. B. Seay. Appeal from a conviction of murder; penalty, twenty-five years confinement in the penitentiary. The opinion states the case.

1Opinion of the Court

PBENDEBGAST, PRESIDING Judge.

Appellant appeals from a conviction of the murder of Eobert Burns, his punishment being assessed at twenty-five years in the penitentiary.

We have carefully read the statement of facts. We think the testimony, without any doubt, is ample to sustain the conviction. There is-but one question to be discussed. Appellant claims that the evidence raised, and the court should have submitted, manslaughter. We are clearly of the opinion that the appellant’s contention can not be sustained.

Appellant was a waiter in an all-night restaurant. Just after midnight the deceased,…

2Cases cited2 opinions

  1. Fitzpatrick v. StateCourt of Criminal Appeals of Texas · 1897
  2. Trevino v. StateCourt of Criminal Appeals of Texas · 1913

3Cited by4 opinions

  1. Barrett v. StateCourt of Criminal Appeals of Texas · 1925
  2. Keton v. SilbertCourt of Appeals of Texas · 1923
  3. Guaranty State Bank of Dodge v. RoarkCourt of Appeals of Texas · 1922
  4. Gulf, C. & S. F. Ry. Co. v. CooperCourt of Appeals of Texas · 1916

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