Thomas v. the Statf
Court of Criminal Appeals of Texas
Appeal from the District Court of Morris. Tried below before Hon. J. M. Talbot. ' Appeal from a conviction of murder in the first degree; penalty, a life term imprisonment in the penitentiary. The indictment charged appellant with the murder of J. W. High on the 3d day of December, 1898, by shooting him with a pistol. The case is sufficiently stated in the opinion.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life, and he prosecutes this appeal.
According to the State’s theory, this was murder in the first degree. The testimony for the State tends to show that appellant and deceased had a difficulty over a game of cards some two or three hours before the homicide, and on the same day, in which deceased cut appellant with a knife, and on account of this grudge appellant lay in wait for deceased, and, when he approached, shot and killed him. The testimony of…
2Cases cited1 opinion
- Jones v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by6 opinions
- McCartney v. StateCourt of Criminal Appeals of Texas · 1976
- Howe v. StateCourt of Criminal Appeals of Texas · 1915
- Love v. StateCourt of Criminal Appeals of Texas · 1913
- Archer v. StateCourt of Criminal Appeals of Texas · 1928
- Dixon v. StateCourt of Criminal Appeals of Texas · 1907
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