Legal Opinion

Hardin v. State

Court of Criminal Appeals of Texas

Decided December 8, 1909No. 264PublishedCited by 12 opinions

The following statement from appellant’s brief is substantially correct: The homicide occurred in the town of Itasca in a street running north and south, and in front of a barber shop occupied by Will Sears. The evidence shows that the appellant and all the parties present at the time of the homicide were negroes, and that the killing occurred between midnight and one in the morning.

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The following statement from appellant’s brief is substantially correct: The homicide occurred in the town of Itasca in a street running north and south, and in front of a barber shop occupied by Will Sears. The evidence shows that the appellant and all the parties present at the time of the homicide were negroes, and that the killing occurred between midnight and one in the morning. State’s witnesses testified that there were about seventy-five or one hundred people present, and that the killing occurred very suddenly, and that the whole time from the beginning of the difficulty until the…

1Opinion of the Court

DAVIDSON, Presiding Judge.

The former appeal oí this case is reported in 51 Texas Crim. Rep., 559. A review of some of the questions is also to be found in the case of Walter Hardin v. State, 55 Texas Crim. Rep., 631.

Without making a statement of the facts developed upon the trial, it may be sufficient to state that there was a sharply contested issue as to whether Walter Hardin or his brother, appellant, inflicted the fatal, wound by stabbing with a knife and thereby killing Prince Monroe. The State’s theory was that appellant did the killing. The defense’s theory was that W'alter Hardin did…

2Cases cited4 opinions

  1. Jackson v. StateCourt of Criminal Appeals of Texas · 1908
  2. Hardin v. StateCourt of Criminal Appeals of Texas · 1909
  3. Hardin v. StateCourt of Criminal Appeals of Texas · 1907
  4. Richardson v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by12 opinions

  1. Washburn v. StateCourt of Criminal Appeals of Texas · 1958
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1920
  3. Washburn v. StateCourt of Criminal Appeals of Texas · 1958
  4. State v. PhillipsSupreme Court of North Carolina · 1965
  5. James v. StateCourt of Criminal Appeals of Texas · 1920

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