Lewellen v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before the Honorable M. B. Blair. Appeal from a conviction of murder; penalty, 99 years imprisonment in the penitentiary. The opinion states the case.
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Appeal from the District Court of Bell. Tried below before the Honorable M. B. Blair. Appeal from a conviction of murder; penalty, 99 years imprisonment in the penitentiary. The opinion states the case. On question of apparent danger: Singleton v. State, 216 S. W. Rep., 1094; Bennett v. State, 194 id., 148; Hoyt v. State, 228 id., 936. On question of provoking difficulty: Burkhardt v. State, 202 S. W. Rep., 513; Carter v. State, 220 id., 335. On question of weapon used and presumption of injury: McMitchell v. State, 93 S. W., Rep., 723; Duke v. State, 120 id., 894; Williams v. State, 144 id.,…
1Opinion of the Court
MORROW, PRESIDING Judge.
The conviction is for murder; punishment fixed at confinement in the penitentiary for a period of ninety-nine years.
The homicide took place in the city of Temple, Bell County, Texas. Appellant was a resident of that county. He was awaiting repairs on his automobile and intended to go to Rockdale, in Milam County. He fell in with three acquaintances: Caldwell, Joyce and Banham, and they went together into the establishment of the deceased.
What occurred, as related by the State’s witnesses, is, in substance, this: Chudey, an employee of the deceased, was in the building.…
2Cases cited24 opinions
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Bateson v. StateCourt of Criminal Appeals of Texas · 1904
- Simmons v. StateCourt of Criminal Appeals of Texas · 1909
- Sullivan v. FantCourt of Appeals of Texas · 1913
- Clark v. StateCourt of Criminal Appeals of Texas · 1909
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Collins v. StateCourt of Criminal Appeals of Texas · 1924
- Lewellen v. StateCourt of Criminal Appeals of Texas · 1926
- Holdbrook v. StateCourt of Criminal Appeals of Texas · 1928
- Gunn v. StateCourt of Criminal Appeals of Texas · 1922