Legal Opinion

Lentz v. State

Court of Criminal Appeals of Texas

Decided March 8, 1905No. 3237PublishedCited by 18 opinions

The defendant contended that he killed deceased in self-defense. There was testimony that deceased did not fire a shot and also testimony on part of the State’s witness that deceased admitted that he fired at defendant. The evidence that deceased was armed at the time of the" homicide was uncontradicted. There was also proof that his pistol had been fired. The defendant testified that deceased fired the first shot at him, whereupon he fired.

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The defendant contended that he killed deceased in self-defense. There was testimony that deceased did not fire a shot and also testimony on part of the State’s witness that deceased admitted that he fired at defendant. The evidence that deceased was armed at the time of the" homicide was uncontradicted. There was also proof that his pistol had been fired. The defendant testified that deceased fired the first shot at him, whereupon he fired. His statement was substantially as follows concerning the difficulty: “When I got home Mrs. Kersh was sitting on the front gallery with her arms around…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty years.

We will discuss the errors assigned in the order in which they are stated in appellant’s brief. The first complaint is, that the court erred in not charging upon the right of defendant to defend himself against deceased and one Allen, claiming that the testimony shows that both parties were making an assault upon appellant at the time of the fatal shot. After a very careful review of the testimony we do not think this contention i®.…

2Cited by18 opinions

  1. Wells v. DriskellTexas Supreme Court · 1912
  2. Dougherty v. StateCourt of Criminal Appeals of Texas · 1910
  3. Cantrell v. CawyerCourt of Appeals of Texas · 1913
  4. Treadway v. StateCourt of Criminal Appeals of Texas · 1912
  5. Jirou v. StateCourt of Criminal Appeals of Texas · 1908

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