Legal Opinion

Hays v. State

Court of Criminal Appeals of Texas

Decided October 26, 1921No. 6114PublishedCited by 13 opinions

Appeal from the District Court of Cass. Tried below before the Honorable H. F. O’Neal. Appeal from a conviction of murder; penalty, forty years imprisonment in the penitentiary. On question of court's charge on self-defense: Haymon v. State, 47 Texas Crim. Rep., 263; Wilson v. State, 46 id., 527. On question of conduct of defendant towards State’s witnesses: Jackson v. State, 55 Texas Crim.

Read the full summary

Appeal from the District Court of Cass. Tried below before the Honorable H. F. O’Neal. Appeal from a conviction of murder; penalty, forty years imprisonment in the penitentiary. On question of court's charge on self-defense: Haymon v. State, 47 Texas Crim. Rep., 263; Wilson v. State, 46 id., 527. On question of conduct of defendant towards State’s witnesses: Jackson v. State, 55 Texas Crim. Rep., 85; Pool v. State, 45 id., 348; Tewellan v. State, 33 id., 412. On question of charge on self-defense: Swain v. State, 48 Texas Crim. Rep., 104; Clark v. State, 56 id., 259; Stanley v. State, 62 id.,…

1Opinion of the Court

HAWKINS,. Judg3.

Appellant was convicted for the murder of Tom Smith, and his punishment assessed at confinement in the peni-' tentiary for forty years.

Active participants with appellant were his brother, Simeon Hays, and Boy Barnes. They were also indicted, tried and convicted. The Simeon Hays case is now pending before this court on appeal. The Barnes case was appealed, and the opinion of affirmance will be found reported in 90 Texas Crim. Rep., 50, 232 S. W. Rep., 312. The killing occurred in Bowie County. Venue in this case, upon appellant’s application, was changed to Cass County. The…

2Cases cited18 opinions

  1. McCray, Alias Rosson v. StateCourt of Criminal Appeals of Texas · 1898
  2. Pratt v. StateCourt of Criminal Appeals of Texas · 1906
  3. Hall v. StateCourt of Criminal Appeals of Texas · 1902
  4. Flewellen v. StateCourt of Criminal Appeals of Texas · 1917
  5. Bigliben v. StateCourt of Criminal Appeals of Texas · 1912

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Linder v. StateCourt of Criminal Appeals of Texas · 1922
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1931
  3. Otto v. StateCourt of Criminal Appeals of Texas · 1931
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1930
  5. Patella v. StateCourt of Criminal Appeals of Texas · 1927

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API