Hurst v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. Appeal from a conviction for murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of William Thaison by shooting him with a pistol on the 16th day of April, 1896. This is a second appeal in the case.
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Appeal from the District Court of Ellis. Tried below before Hon. J. E. Dillard. Appeal from a conviction for murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of William Thaison by shooting him with a pistol on the 16th day of April, 1896. This is a second appeal in the case. For former appeal see 40 Southwestern Reporter, 264. The record on this appeal is quite voluminous, but the salient features of the evidence are clearly summarized in the original opinion below.
1Opinion
This case was affirmed at the last Austin term of this court, and now comes before us on motion for rehearing.
Appellant strenuously insists that the action of the court in affirming this case was erroneous: First, because the court entirely failed to charge on that phase of insanity involving appellant's control of his will power, — that is, emotional insanity; second, because the court instructed the jury that, before the plea of insanity could avail defendant, it must be clearly proved. And in this connection he urges that the court misunderstood the testimony in reference to the manner in…
2Cases cited5 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HarriettTexas Supreme Court · 1891
- Galveston, Harrisburg & San Antonio Railway Co. v. MatulaTexas Supreme Court · 1891
- McBride v. BangussTexas Supreme Court · 1885
- Texas Central Railway Co. v. StuartCourt of Appeals of Texas · 1892
- Swinney, Green & Co. v. BoothTexas Supreme Court · 1866