Blake v. State
Court of Appeals of Texas
Appeal from the District Court of Milam. Tried below before the Hon. S. Ford. The killing of Ezra Tarver by the appellant occurred in a drinking-saloon in Cameron, the county seat of Milam County, on October 30, 1876. These parties, it seems, were strangers to each other, but appellant was in company with John Lamkin, who seems to have incurred the ill-will of Tarver.
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Appeal from the District Court of Milam. Tried below before the Hon. S. Ford. The killing of Ezra Tarver by the appellant occurred in a drinking-saloon in Cameron, the county seat of Milam County, on October 30, 1876. These parties, it seems, were strangers to each other, but appellant was in company with John Lamkin, who seems to have incurred the ill-will of Tarver. The latter, according to the witnesses, was taking a drink out of a decanter at the bar, when Lamkin called on the bar-keeper for drinks for himself and the appellant, and they stepped up to the bar, the appellant being next to,…
1Opinion of the CourtEctob, P. J.
The defendant, Blake, was indicted in the *583District Court of Milam County, at the fall term, 1876, for the murder of Ezra Tarver. The jury found the defendant guilty of manslaughter, and assessed his punishment at confinement in the penitentiary for five years.
The defendant has assigned the following errors, to wit:
“ 1. The court erred in charging the jury on murder in the first degree, and instructing them that, if they had no reasonable doubt of defendant’s being guilty of murder in the first degree, they would so find, when there was no evidence to which such charge was applicable.
“2. The…
2Cases cited7 opinions
- People v. StanleyCalifornia Supreme Court · 1873
- Guagando v. StateTexas Supreme Court · 1874
- Monroe v. StateTexas Supreme Court · 1859
- Pierce v. StateTexas Supreme Court · 1854
- Villareal v. StateTexas Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robinson v. StateCourt of Criminal Appeals of Texas · 1930
- Watson, DelairCourt of Criminal Appeals of Texas · 2006