Gilcrease v. State
Court of Criminal Appeals of Texas
Appeal from tbe Criminal District Court of Dallas. Tried below before Hon. Charles F. CliNT. Appellant was charged by indictment with the murder of one W. W. Holman, in Dallas County, on the 29th day of July, 1891, by shooting him with a gun. At his trial he was convicted of murder of the second degree, with punishment assessed at six years’ imprisonment in the penitentiary. The statement of facts is very voluminous, comprising the testimony of some twenty-eight witnesses.
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Appeal from tbe Criminal District Court of Dallas. Tried below before Hon. Charles F. CliNT. Appellant was charged by indictment with the murder of one W. W. Holman, in Dallas County, on the 29th day of July, 1891, by shooting him with a gun. At his trial he was convicted of murder of the second degree, with punishment assessed at six years’ imprisonment in the penitentiary. The statement of facts is very voluminous, comprising the testimony of some twenty-eight witnesses. The defensive theory, as well as the facts and circumstances attendant upon the killing, are best shown and illustrated…
1Opinion of the Court
HUET, Presiding Judge.
The defendant was charged by indictment with the murder of W. W. Holman. Trial by jury resulted in conviction for murder in the second degree, with the penalty assessed at six years in the penitentiary. Judgment and sentence accordingly, from which defendant prosecutes this appeal.
An application to continue for the want of testimony of the witnesses to prove threats made by the deceased to kill defendant, which were communicated to him; also, to prove that deceased, as well as his brother, had guns at the place and time of the shooting. The theory of the State was that…
2Cited by26 opinions
- Keith v. KeithCourt of Appeals of Texas · 1926
- Best v. StateCourt of Criminal Appeals of Texas · 1910
- Burkhardt v. StateCourt of Criminal Appeals of Texas · 1918
- Burnett v. StateCourt of Criminal Appeals of Texas · 1904
- Dixon v. StateCourt of Criminal Appeals of Texas · 1922
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