Lyles v. State
Court of Criminal Appeals of Texas
Deceased’s dying statement showed that while attempting to interfere between defendant and one Dupree whom defendant had shot at, the latter turned on the deceased and shot him. The defendant claimed that both he and the deceased were drunk at the time of the homicide; that he did not shoot at Dupree, but fired in the air, and that in a friendly scuffle between deceased and defendant over his gun, defendant fell and his gun accidentally went off and the shot hit deceased.
1Opinion of the Court
HENDERSON, Judge.
Appellant was charged with murder, was convicted, and his punishment fixed at imprisonment in the penitentiary for a term of five years; hence this appeal. The verdict of the jury fails to find the degree of murder, and under the authorities the judgment must be reversed on this account. Brooks v. State, 60 S. W., 53; Wooldridge v. State, 13 Texas Crim. App., 443. However, there are some other questions presented which we will discuss briefly.
Appellant objected to the witness Karnes stating that he was about two hundred yards from where he heard the shot fired which evidently…
2Cases cited1 opinion
- Brooks v. StateCourt of Criminal Appeals of Texas · 1900
3Cited by12 opinions
- Davis v. PeopleSupreme Court of Colorado · 1925
- Vickers v. StateCourt of Criminal Appeals of Texas · 1922
- Potts v. StateCourt of Criminal Appeals of Texas · 1906
- Walker v. StateCourt of Criminal Appeals of Texas · 1918
- Denson v. StateCourt of Criminal Appeals of Texas · 1927
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