Gallaher v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Harris, on change of venue from Wharton. Tried below before Hon. O. L. Cleveland. The conviction in this case was in the first degree for the murder of Mary K. Brown, in Wharton County, Texas, on the seventh day of December, 1887. The penalty assessed by the verdict was a life term in the penitentiary.
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Appeal from the Criminal District Court of Harris, on change of venue from Wharton. Tried below before Hon. O. L. Cleveland. The conviction in this case was in the first degree for the murder of Mary K. Brown, in Wharton County, Texas, on the seventh day of December, 1887. The penalty assessed by the verdict was a life term in the penitentiary. Beginning on page 455 of volume XXV of this series of Reports, will be found a condensed statement of the proof elicited on the habeas corpus trial of this defendant for bail, that trial involving the contemporaneous murder of Mary K. and Mayo Brown.…
1Opinion of the Court
Willson Judge.
Numerous objections are urged by counsel for the defendant to the charge of the court, each of which we have carefully considered, and will briefly refer to and determine.
1. “Malice” in the charge is defined to be “the intentional doing of a wrongful act to another without legal justification or excuse.” This definition of the term is precisely the same as that given in McKinney’s case and approved by this court. 8 Texas Ct. App., 626; see also Harris, v. The State, Id., 90, as to definition of “'malice”; Lander v. The State,. 12 Texas, 481.
2. It was not error to instruct the…
2Cases cited2 opinions
- Walker v. StateTexas Supreme Court · 1874
- Lander v. StateTexas Supreme Court · 1854
3Cited by10 opinions
- Taylor v. StateCourt of Criminal Appeals of Texas · 1971
- Long v. StateCourt of Criminal Appeals of Texas · 1931
- Buitureida v. State, Texas Court of Appeals, 13th District1984
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KingIndiana Court of Appeals · 1900
- Newton v. StateCourt of Criminal Appeals of Texas · 1944
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