Mitchell v. State
Court of Criminal Appeals of Texas
The opinion states the case. The following was the charge on threats and self-defense which the defendant objected to as being negative, etc.: “If the jury shall find from the evidence that prior to the homicide, the deceased had threatened the life of the defendant, such threats of themselves would afford no justification for the offense, unless it be shown that at the time of the killing, deceased had done, or was in the act of doing some act or was making some…
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The opinion states the case. The following was the charge on threats and self-defense which the defendant objected to as being negative, etc.: “If the jury shall find from the evidence that prior to the homicide, the deceased had threatened the life of the defendant, such threats of themselves would afford no justification for the offense, unless it be shown that at the time of the killing, deceased had done, or was in the act of doing some act or was making some demonstration. manifesting an intention then and there to execute or carry out such threats or which was reasonably calculated, in…
1Opinion of the Court
HEhTDERSOTST, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at twenty years confinement in the penitentiary; and comes to this court on appeal.
The circumstances summarized show that the homicide occurred on the 19th of May, 1906, on a farm situated on the San Antonio river, several miles from the City of San Antonio. Some time during the preceding fall appellant had leased the farm for a year from a Mrs. Smith,- and about the 11th of April, a little over a month before the homicide, appellant, with the consent of Mrs. Smith, transferred his lease to…
2Cases cited3 opinions
- Highsmith v. StateCourt of Criminal Appeals of Texas · 1899
- Bush v. StateCourt of Criminal Appeals of Texas · 1899
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1906
3Cited by6 opinions
- Maddox v. StateCourt of Criminal Appeals of Texas · 1923
- Ewing v. StateCourt of Criminal Appeals of Texas · 1931
- Eckerman v. StateCourt of Criminal Appeals of Texas · 1935
- Renn v. StateCourt of Criminal Appeals of Texas · 1911
- Renn v. StateCourt of Criminal Appeals of Texas · 1911
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