Legal Opinion

Buckley v. State

Court of Criminal Appeals of Texas

Decided December 22, 1915No. 3764Published

Appeal from the District Court of Jasper. Tried below before the Hon. A. E. Davis. Appeal from a conviction of murder; penalty, ten years imprisonment in the penitentiary. The opinion states the case. On question of independent impulse: Smith v. State, 52 Texas Crim. Bep., 27, 105 S. W. Bep., 182; Harris v. State, 15 Texas Crim.

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Appeal from the District Court of Jasper. Tried below before the Hon. A. E. Davis. Appeal from a conviction of murder; penalty, ten years imprisonment in the penitentiary. The opinion states the case. On question of independent impulse: Smith v. State, 52 Texas Crim. Bep., 27, 105 S. W. Bep., 182; Harris v. State, 15 Texas Crim. App., 629; Turner v. State, 20 id., 56; Blain v. State, 18 S. W. Bep., 862; Benner v. State, 65 S. W. Bep., 1102. On question of other transactions: Barkman v. State, 52 S. W. Bep., 69; Hunt v. State, 60 S. W. Bep., 965; Smith v. State, supra. On question of…

1Opinion

On a former day of this term this case was reversed and remanded, the writer of this opinion at the time agreeing to the reversal, but stating at the time he did not agree to all that was written, and would write his views later. Since then we have had occasion to study this record carefully, as well as the companion case of Harvey Davis, recently decided, and we have become convinced that the court erred in reversing the case, and, therefore, the motion for rehearing should be granted.

In this case the evidence would show that appellant, Dock Hughes and Tom Hughes were at Preston Hughes'…

2Cases cited3 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
  2. McCoy v. StateTexas Supreme Court · 1860
  3. Angell v. StateTexas Supreme Court · 1872

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