Ferrell v. State
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. F. P. Wood. William Ferrell was indicted for the murder of Miss Martha Gray. The facts, as detailed by the testimony, are that on the 26th of May, 1874, in Hill county, Ferrell and one Henry Parton went to a grocery, five miles distant from Mrs. Gray’s, where Ferrell and wife lived, Mrs. Gray being Ms mother-in-law.
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Appeal from Hill. Tried below before the Hon. F. P. Wood. William Ferrell was indicted for the murder of Miss Martha Gray. The facts, as detailed by the testimony, are that on the 26th of May, 1874, in Hill county, Ferrell and one Henry Parton went to a grocery, five miles distant from Mrs. Gray’s, where Ferrell and wife lived, Mrs. Gray being Ms mother-in-law. They returned late, drinking on their way five or six times, Ferrell once losing his saddle-bags, which were picked up by Parton; Ferrell talking much, and saying he would kill a man before next day; reaching Mrs. Gray’s, Ferrell tried…
1Opinion of the Court
Moore, Associate Justice.
The judgment in this case must be reversed for error in the instructions given by the court to the jury, and also for refusing to give some of the charges asked by appellant.
We call special attention to only a few of the more prominent and essential of these errors to guard against their recurrence upon another trial of the cause.
The court instructed the jury, and, indeed repeats the proposition several times in different forms, if the defendant, Ferrell, with a sedate mind and formed design, was attempting to kill Scroggins or Mrs. Gray, and without malice towards…
2Cases cited2 opinions
- Farrer v. StateTexas Supreme Court · 1874
- Ellison v. KeeseTexas Supreme Court · 1860
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- Cooper v. StateCourt of Criminal Appeals of Texas · 1913
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