Legal Opinion

Hickey v. State

Court of Criminal Appeals of Texas

Decided November 18, 1903No. 2763PublishedCited by 11 opinions

Appeal from the District Court of Haskell. Tried before Hon. H. E. Jones. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by indictment, presented in the District Court of Haskell County, on the 29th day of May, 1903, with the murder of Tom Dixon, by shooting him with a pistol.

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Appeal from the District Court of Haskell. Tried before Hon. H. E. Jones. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by indictment, presented in the District Court of Haskell County, on the 29th day of May, 1903, with the murder of Tom Dixon, by shooting him with a pistol. Under his plea of not guilty, he was tried and convicted and his punishment assessed a.t a life term in the penitentiary. There were no eyewitnesses to the tragedy and the evidence of appellant is the only testimony showing what occurred…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was awarded a life sentence for murder in the first degree.

The record discloses that appellant was a cousin of Mrs. Dixon, wife of deceased, Tom Dixon. Trouble had been existing for some time between deceased and his wife, who were elderly people, which seemed about to eventuate in a final separation. Appellant had been living at the residence of the Dixon family for some time prior to the homicide, and advised against the separation, insisting they could and should adjust their differences, and live as husband and wife. Deceased and wife had grown…

2Cases cited3 opinions

  1. Warthan v. StateCourt of Criminal Appeals of Texas · 1900
  2. Ballow v. StateCourt of Criminal Appeals of Texas · 1900
  3. Bracken v. StateCourt of Appeals of Texas · 1891

3Cited by11 opinions

  1. Richards v. StateCourt of Criminal Appeals of Texas · 1908
  2. Blocker v. StateCourt of Criminal Appeals of Texas · 1908
  3. White, Brian JasonCourt of Criminal Appeals of Texas · 2018
  4. Hickey v. StateCourt of Criminal Appeals of Texas · 1910
  5. Anderson v. StateCourt of Criminal Appeals of Texas · 1912

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