Legal Opinion

Doughty v. State

Court of Appeals of Texas

Decided May 9, 1885No. 3487Published

Appeal from the District Court of Presidio. Tried below before the Hon. T. A. Falvey. The indictment in this case was presented by the grand jury of El Paso county, in the district court of the said county, on the 15th day of October, 1883. It charged the appellant with the murder of Thomas Mode, in El Paso county, on the 11th day of July, 1883. The venue was changed to Presidio county on the application of the appellant.

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Appeal from the District Court of Presidio. Tried below before the Hon. T. A. Falvey. The indictment in this case was presented by the grand jury of El Paso county, in the district court of the said county, on the 15th day of October, 1883. It charged the appellant with the murder of Thomas Mode, in El Paso county, on the 11th day of July, 1883. The venue was changed to Presidio county on the application of the appellant. The trial, which was had at the April term, 1885, of the district court of Presidio county, resulted in the appellant’s conviction of murder in the second degree, his…

1Opinion of the Court

Willson, Judge.

On the night of the 10th day of Juty, 1883, appellant shot and killed Tom Mode at a house of prostitution in the city of El Paso. There were present at the time and place of the homicide, besides appellant and deceased, the following named persons, viz.: Mears, Burt, Horn, Biddle, Wheat, Dora Scott and Alice Abbott. Biddle and Wheat were not in the room where the shooting occurred, but were on the porch of the house. Mears, Dora Scott and Alice Abbott, the two latter being, prostitutes and inmates of the house, were inside the room when the difficulty commenced, but immediately…

2Cases cited5 opinions

  1. Burleson v. BurlesonTexas Supreme Court · 1866
  2. Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
  3. McFarland v. MooringTexas Supreme Court · 1882
  4. Ables v. Miller.Texas Supreme Court · 1854
  5. Lobdell's Administrator v. FowlerTexas Supreme Court · 1870

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