Legal Opinion

Davis v. State

Court of Criminal Appeals of Texas

Decided December 9, 1903No. 2848PublishedCited by 14 opinions

Trouble had existed for some time between appellant and the deceased, who was his father-in-law. Deceased had objected to the marriage of his step-daughter to appellant, but subsequent to the marriage, he induced defendant to move on and improve the land owned by himself (deceased); that subsequent to the improvements erected on the land, deceased, by threats of violence and continuous personal abuse, drove appellant from his home, caused a separation between him and his…

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Trouble had existed for some time between appellant and the deceased, who was his father-in-law. Deceased had objected to the marriage of his step-daughter to appellant, but subsequent to the marriage, he induced defendant to move on and improve the land owned by himself (deceased); that subsequent to the improvements erected on the land, deceased, by threats of violence and continuous personal abuse, drove appellant from his home, caused a separation between him and his wife, and kept not only the improvements placed upon the land by appellant, but the personal effects of appellant as well.…

1Opinion of the Court

BBOOKS, Judge.

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

Upon the trial the State proved by Sibbie Eobinson the following: “I am the daughter of Ed Gilder, deceased, and was prior to and at the time of the killing of Ed Gilder the wife of defendant, John Davis, but have since the death of Ed Gilder married a man by the name of Bobertson. I was at the house of Ed Gilder at the time he was killed, down at Aunt Emily Ben’s, and did not see the shooting. It was at Aunt Emily Ben’s, on the little gallery of the…

2Cases cited2 opinions

  1. Brock v. StateCourt of Criminal Appeals of Texas · 1902
  2. Ma Riojas v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by14 opinions

  1. Gross v. StateCourt of Criminal Appeals of Texas · 1911
  2. Gant v. StateCourt of Criminal Appeals of Texas · 1909
  3. Newton v. StateCourt of Criminal Appeals of Texas · 1944
  4. Willard v. StateCourt of Criminal Appeals of Texas · 1986
  5. Perez v. San Antonio Transit CompanyCourt of Appeals of Texas · 1961

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