Leslie v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Erath. Tried below before Hon. J. S. Straughan. Appeal from a conviction as a principal, to murder in the first degree; penalty, death. The indictment charged appellant with the murder of John Adams, on the 18th day of December, 1897, by shooting him with a gun.
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Appeal from the District Court of Erath. Tried below before Hon. J. S. Straughan. Appeal from a conviction as a principal, to murder in the first degree; penalty, death. The indictment charged appellant with the murder of John Adams, on the 18th day of December, 1897, by shooting him with a gun. The first appeal in the matter of this killing was Ex parte Tom Wright et al., 39 Texas Criminal Reports, 193, and see the companion case of Tom Wright v. State, 40 Texas Criminal Reports, 447. A reference to these reported cases in connection with the opinion in this appeal will show all the material…
1Opinion of the Court
Appellant was convicted as a principal to murder in the first degree, and his punishment assessed at death.
The theory of the State was that appellant was guilty of murder in the first degree, on the ground that the homicide was committed by Tom Wright of his express malice aforethought, and that appellant had agreed with Wright beforehand to kill deceased Adams, and was present, or that he knew the unlawful intent of Wright to kill Adams, and was present and aided and encouraged him in the act of killing. The testimony on the part of the State tended to show a state of ill feeling between…
2Cases cited1 opinion
- State v. AllenSupreme Court of Connecticut · 1879
3Cited by14 opinions
- Faulkner v. StateCourt of Criminal Appeals of Texas · 1901
- Kingsbury v. StateArizona Supreme Court · 1925
- Anderson v. StateCourt of Criminal Appeals of Texas · 1919
- Coomer v. StateCourt of Criminal Appeals of Texas · 1924
- Moore v. StateCourt of Criminal Appeals of Texas · 1922
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