Legal Opinion

Phillips v. State

Court of Criminal Appeals of Texas

Decided April 19, 1939No. 20342PublishedCited by 6 opinions

The opinion states the case.

1Opinion of the Court

KRUEGER, Judge.

The offense is murder; the punishment assessed is confinement in the state penitentiary for a term of five years.

The State’s theory was that appellant, a negro woman, willfully and deliberately killed her husband, Charley Phillips. The defendant’s theory was that while they were fighting for the gun, it was accidentally discharged and resulted in his death. We think the evidence is sufficient to sustain the verdict.

Bill of exception number one reflects the following occurrence. The State offered John Wright, a deputy sheriff, as a witness, who testified that a few minutes after…

2Cases cited4 opinions

  1. Bronson v. StateCourt of Criminal Appeals of Texas · 1910
  2. Aven v. StateCourt of Criminal Appeals of Texas · 1915
  3. Rainer v. StateCourt of Criminal Appeals of Texas · 1912
  4. Martin v. StateCourt of Criminal Appeals of Texas · 1916

3Cited by6 opinions

  1. Ramos v. StateCourt of Criminal Appeals of Texas · 1967
  2. Fowler v. StateCourt of Criminal Appeals of Texas · 1964
  3. Fisk v. StateCourt of Criminal Appeals of Texas · 1968
  4. Heath v. StateCourt of Criminal Appeals of Texas · 1964
  5. Hague v. StateCourt of Criminal Appeals of Texas · 1957

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