McDade v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Harris, on change of venue from Waller. Tried below before the Hon. 0. L. Cleveland. This conviction was in the second degree for the murder of S. W. Allchin, in Waller county, Texas, on the twelfth day of May, 1888. The penalty assessed against the appellant was a term of eight years in the penitentiary. William Cameron was the first witness for the State.
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Appeal from the Criminal District Court of Harris, on change of venue from Waller. Tried below before the Hon. 0. L. Cleveland. This conviction was in the second degree for the murder of S. W. Allchin, in Waller county, Texas, on the twelfth day of May, 1888. The penalty assessed against the appellant was a term of eight years in the penitentiary. William Cameron was the first witness for the State. He testified that he lived in Waller county,-Texas, about seven miles east of the town of Hempstead. He was in Hempstead on the morning of May 19, 1888, and witnessed the killing of Allchin by the…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a judgment of conviction for murder of the second degree, with' the punishment assessed at imprisonment in the penitentiary for a term of eight years.
It is an undisputed, uncontroverted fact that this appellant and one Dick Springfield shot and killed the deceased, S. W. Allchin, with shot guns and pistols, as alleged in the indictment. This appellant does not deny but admits the fact, claiming that he was justifiable in so doing, or at most that his offense in so doing, under the facts developed on this trial, did not amount to murder, but was…
2Cases cited2 opinions
- Johnson v. StateTexas Supreme Court · 1865
- Irwin v. StateTexas Supreme Court · 1875
3Cited by6 opinions
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
- Jackson v. United StatesCourt of Appeals for the D.C. Circuit · 1919
- Collier v. StateCourt of Criminal Appeals of Texas · 1926
- Pueblo v. BenítezSupreme Court of Puerto Rico · 1927
- Le Master v. StateCourt of Criminal Appeals of Texas · 1917
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