Legal Opinion

Hardin v. State

Court of Criminal Appeals of Texas

Decided June 5, 1907No. 3593PublishedCited by 9 opinions

The testimony for the State showed that the deceased and another got into an altercation, and that while deceased was being held, the defendant stepped up and cut him with a pocket knife; that the pocket knife had a blade about two and one-half inches long; that this occurred at night at a barber shop where a number of people had collected; that deceased died from the effect of the wounds.

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The testimony for the State showed that the deceased and another got into an altercation, and that while deceased was being held, the defendant stepped up and cut him with a pocket knife; that the pocket knife had a blade about two and one-half inches long; that this occurred at night at a barber shop where a number of people had collected; that deceased died from the effect of the wounds. The killing occurred very suddenly and the whole difficulty lasted but a few moments; that there was music and dancing going on on the gallery of the barber shop and the difficulty arose suddenly; that both…

1Opinion of the Court

BBOOKS, Judge.

Appellant was convicted of manslaughter, and his punishment assessed at confinement in the penitentiary for a term of three years.

The State placed the witness Cleavis Wheeler on the stand, over appellant’s objection, and proved by him that about a week after the killing of deceased he found a pocket knife by the side of the road between the bridge and Burgess’s, and that he picked it up, and found it was rusty, and that he carried the knife up to Mrs. Dunn’s house, and when he got there found what he took to be blood on same. Appellant objects to this testimony on the ground…

2Cases cited1 opinion

  1. Brock v. StateCourt of Criminal Appeals of Texas · 1902

3Cited by9 opinions

  1. State v. JonesSupreme Court of South Carolina · 1925
  2. Vickers v. StateCourt of Criminal Appeals of Texas · 1922
  3. Hardin v. StateCourt of Criminal Appeals of Texas · 1909
  4. Hardin v. StateCourt of Criminal Appeals of Texas · 1909
  5. Pinson v. StateCourt of Criminal Appeals of Texas · 1923

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