Bennett v. State
Court of Criminal Appeals of Texas
The testimony of the principal State’s witness is substantially as follows: This difficulty took place about 2 o’clock in the afternoon on Sunday at the house of Fannie Evans. When I walked up there, defendant Ben Bennett was sitting on the outside of the house. I believe we had been to church together that day, but don’t know whether we came back together.
Read the full summary
The testimony of the principal State’s witness is substantially as follows: This difficulty took place about 2 o’clock in the afternoon on Sunday at the house of Fannie Evans. When I walked up there, defendant Ben Bennett was sitting on the outside of the house. I believe we had been to church together that day, but don’t know whether we came back together. He was sitting out on the south side of the house in a chair at the time I walked up there, in front of the house, which was a two-room house, sitting east and west and facing south. There were two windows and two doors in the front side…
1Opinion of the Court
BBOOKS, Judge.
Appellant was convicted of murder in the second degree, the penalty assessed being eighteen years confinement in the penitentiary. This is the second appeal. See Bennett v. State, 76 S. W. Rep., 314.
Bill of exceptions number 2 complains that the State was permitted to prove by John Ward that defendant shot into the house where Dee Evans was. This testimony was part and parcel of the res geste of the shooting of deceased by appellant, her husband. The facts upon this appeal are practically the same as on the former appeal. There being a continuation of the shooting on the part of…
2Cases cited2 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Taylor v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by10 opinions
- Anderson v. StateCourt of Criminal Appeals of Texas · 1929
- Brown v. StateCourt of Criminal Appeals of Texas · 1925
- Ice v. StateCourt of Criminal Appeals of Texas · 1919
- Holcomb v. StateCourt of Criminal Appeals of Texas · 1924
- Brown v. StateCourt of Criminal Appeals of Texas · 1923
5 more not listed; retrieve them via the Exa API.