Bush v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of J. D. Modgling, on the 28th day of February, 1898, by shooting him with a pistol. The two parties to this homicide were employes on the farm of J. D. Avis, some two or three miles from the town of Wichita Falls. Deceased (Modgling) and wife kept the house, and defendant boarded with them.
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The indictment charged appellant with the murder of J. D. Modgling, on the 28th day of February, 1898, by shooting him with a pistol. The two parties to this homicide were employes on the farm of J. D. Avis, some two or three miles from the town of Wichita Falls. Deceased (Modgling) and wife kept the house, and defendant boarded with them. Defendant was a brother-in-law of Avis, and it seems that some reports he had made to Avis concerning the manner Modgling was doing his part of the work upon the farm led Avis to send word by defendant to deceased to come in and settle his accounts.…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Conviction for murder in the second degree, and punishment assessed at confinement in the penitentiary for twenty-five years.
Appellant applied for a continuance on account of the absence of several witnesses, all of whom attended the trial, except Chambers and Miller. By Chambers it was expected to prove the dangerous and quarrelsome character of deceased, and by Miller the good character of appellant as a law-abiding, peaceable citizen. Appellant on the trial introduced the evidence of several witnesses as to his good character, which the State did not controvert.…
2Cases cited1 opinion
- Hinton v. StateTexas Supreme Court · 1859
3Cited by13 opinions
- Wood v. StateCourt of Criminal Appeals of Texas · 1916
- Barnard v. StateCourt of Criminal Appeals of Texas · 1920
- Bryant v. StateCourt of Criminal Appeals of Texas · 1907
- McCleary v. StateCourt of Criminal Appeals of Texas · 1909
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1907
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