Legal Opinion

Stanton v. State

Court of Criminal Appeals of Texas

Decided October 31, 1900No. 2232PublishedCited by 10 opinions

Appeal from the District Court of Stonewall. Tried below before Hon. P. D. Sanders. Appeal from a conviction of murder in the second degree; penalty, forty-four years in the penitentiary.

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Appeal from the District Court of Stonewall. Tried below before Hon. P. D. Sanders. Appeal from a conviction of murder in the second degree; penalty, forty-four years in the penitentiary. Appellant was charged by the indictment with the murder of Jim Holan, by shooting him with a gun, on the 21st day of April, 1900. It appears from the evidence, briefly stated, that G. W. Terry, with whom deceased lived, and defendant, T. C. Stanton, lived adjoining each other on the same section of land. Stanton and Terry had had a difficulty and a fight, but about what, does not appear from the record.…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at forty-four years confinement in the penitentiary; hence this apjjeal.

The theory relied on by the State, was that, because of former grudges of defendant towards deceased, he waylaid and killed deceased without any provocation at the time; that this was murder in the first degree, and a conviction could, at least, be sustained for murder in the second degree. On the other hand, defendant relied on self-defense; that deceased entertained a grudge towards him, evidenced by threats made against…

2Cases cited1 opinion

  1. Spangler v. StateCourt of Criminal Appeals of Texas · 1900

3Cited by10 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1912
  2. Burnett v. StateCourt of Criminal Appeals of Texas · 1904
  3. Pye v. StateCourt of Criminal Appeals of Texas · 1913
  4. Moody v. StateCourt of Criminal Appeals of Texas · 1907
  5. Ex Parte HarrisCourt of Criminal Appeals of Texas · 1921

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