Legal Opinion

Mikel v. State

Court of Criminal Appeals of Texas

Decided April 30, 1902No. 2272PublishedCited by 18 opinions

Appeal from the District Court of Lee. Tried below before Hon. Ed. E. Sinks. Appeal from a conviction of murder in the first degree; penalty, death. Appellant was charged by the indictment with the murder of Haney Mikel (his wife) on the 12th day of April, 1901, by striking her with a grubbing hoe and by shooting her with a pistol. The parties to the killing were negroes.

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Appeal from the District Court of Lee. Tried below before Hon. Ed. E. Sinks. Appeal from a conviction of murder in the first degree; penalty, death. Appellant was charged by the indictment with the murder of Haney Mikel (his wife) on the 12th day of April, 1901, by striking her with a grubbing hoe and by shooting her with a pistol. The parties to the killing were negroes. The important facts which brought about and were attendant upon the killing are concisely but lucidly stated with sufficiency in the opinion.

1Opinion of the Court

BROOKS, Judge.

An indictment containing two counts was returned against appellant for the murder of his wife. Upon the trial he was convicted of murder in the first degree, and his punishment assessed at death.

We find no bills of exception in the record.

In his amended motion for new trial appellant complains that the evidence does not support the verdict, in that there is no evidence showing express malice; that the undisputed evidence shows a homicide committed under the immediate influence of sudden passion. The following is substantially the facts adduced by the State: Appellant and his…

2Cases cited1 opinion

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1896

3Cited by18 opinions

  1. Probest v. StateCourt of Criminal Appeals of Texas · 1910
  2. Parroccini v. StateCourt of Criminal Appeals of Texas · 1921
  3. Graham v. StateCourt of Criminal Appeals of Texas · 1914
  4. Macomber v. KinneySupreme Court of Minnesota · 1910
  5. Reyes v. StateCourt of Criminal Appeals of Texas · 1917

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