Legal Opinion

Edens v. State

Court of Criminal Appeals of Texas

Decided February 21, 1900No. 1957PublishedCited by 20 opinions

A brief summary of the evidence shows that appellant, who, according to his own testimony, was about 17 years old, was going on foot with his little brother to Monterey, Mexico. They had just crossed the Rio Grande to Piedras Negras, and near the railroad bridge 'met deceased, who was a stranger to them. He had some conversation with them. When they started down the street, deceased followed and overtook them, and deceased insisted upon appellant’s treating him.

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A brief summary of the evidence shows that appellant, who, according to his own testimony, was about 17 years old, was going on foot with his little brother to Monterey, Mexico. They had just crossed the Rio Grande to Piedras Negras, and near the railroad bridge 'met deceased, who was a stranger to them. He had some conversation with them. When they started down the street, deceased followed and overtook them, and deceased insisted upon appellant’s treating him. This appellant did, and they took drinks at several saloons. They went to the foot bridge across the river, and defendant gave…

1Opinion of the Court

BBOOKS, Judge.

Appelant was convicted of murder in the second degree, and his punishment assessed at five years confinement in the penitentiary.

Appellant’s first bill complains of the court admitting evidence of Judge Bonnet, as to certain declarations made by deceased, tendered as dying declarations. The bill states appellant objected to same, “because of the absence of several statutory requirements making as a predicate the same admissible.” We have heretofore held that the bill of exceptions must contain, and state it contains, all the predicate laid upon which the dying declarations are…

2Cases cited3 opinions

  1. Sims v. StateCourt of Criminal Appeals of Texas · 1896
  2. McGlasson v. StateCourt of Criminal Appeals of Texas · 1897
  3. Tate v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by20 opinions

  1. Conger v. StateCourt of Criminal Appeals of Texas · 1911
  2. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  3. Smith v. StateCourt of Criminal Appeals of Texas · 1902
  4. Medina v. StateCourt of Criminal Appeals of Texas · 1901
  5. Rice v. StateCourt of Criminal Appeals of Texas · 1906

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