Brittain v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of Jim Wiggins, m Shelby County, on the 27th day of December, 1895. The following statement of the case, which is substantially correct, is taken from the brief of counsel for appellant: The appellant and deceased were neighbor boys about the same age, scarcely 21 years old, who had been friends, and whose parents had been neighbors and friends all their lives.
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The indictment charged appellant with the murder of Jim Wiggins, m Shelby County, on the 27th day of December, 1895. The following statement of the case, which is substantially correct, is taken from the brief of counsel for appellant: The appellant and deceased were neighbor boys about the same age, scarcely 21 years old, who had been friends, and whose parents had been neighbors and friends all their lives. About one month prior to his death, the deceased and appellant went together to a negro gathering, and the former shot and killed a negro. About six weeks prior to the killing of the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at five years in the penitentiary, and he prosecutes this appeal. The first bill of exceptions brings up the question as to the admissibility in evidence of certain misdemeanors against the defendant, in impeachment of his testimony. Evidence-that the defendant had been convicted of other felonies or mis demean orsinvolving moral turpitude is generally held admissible, and also the fact that the defendant had been in the penitentiary, or in jail, or that he had spent much of his time in the…
2Cases cited1 opinion
- State v. BaconOregon Supreme Court · 1886
3Cited by36 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- Winfield v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Red v. StateCourt of Criminal Appeals of Texas · 1898
- Fannin v. StateCourt of Criminal Appeals of Texas · 1907
- Connell v. StateCourt of Criminal Appeals of Texas · 1903
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