Legal Opinion

St. Clair v. State

Court of Criminal Appeals of Texas

Decided March 14, 1906No. 3447PublishedCited by 13 opinions

Appeal from the District Court of Collin. Tried below before Hon. J. M. Pearson. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary.

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Appeal from the District Court of Collin. Tried below before Hon. J. M. Pearson. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. The testimony disclosed that bad feeling existed between the defendant and deceased for some time prior to the homicide, and that the deceased had made threats against the defendant which were communicated to the latter; that on the evening of the day of the difficulty the parties met on the road, and that deceased said to the defendant: “God damn you, if I knew you had been at my place I would kill…

1Opinion of the Court

DAVIDSOH, Presiding Judge.

This conviction was for murder in the second degree, with seven years confinement in the penitentiary allotted as the punishment.

Langham testified to the. general reputation of the deceased as being a quarrelsome man, and that of defendant as being a reasonably peaceful citizen. The State, on cross-examination, then asked witness if he had ever heard of deceased having a quarrel with any one. Witness answered that deceased and he had had such quarrel. Over objection of appellant the details of the trouble between the witness and deceased was gone into before the…

2Cases cited2 opinions

  1. Red v. StateCourt of Criminal Appeals of Texas · 1898
  2. Messer v. StateCourt of Criminal Appeals of Texas · 1901

3Cited by13 opinions

  1. Bayer v. StateCourt of Criminal Appeals of Texas · 1923
  2. Bradley v. StateCourt of Criminal Appeals of Texas · 1910
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1911
  4. Graves v. StateCourt of Criminal Appeals of Texas · 1910
  5. Swann v. StateCourt of Criminal Appeals of Texas · 1922

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