Montgomery v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Brazos, on a change of venue from Grimes County. Tried below before Hon. J. C. Scott. Appeal from a conviction of manslaughter; penalty, two years imprisonment in the penitentiary. Appellant was indicted in. the District Court of Grimes County for the murder of one Joe Hall, committed on the 15th day of April, 1898, by shooting him with a pistol.
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Appeal from the District Court of Brazos, on a change of venue from Grimes County. Tried below before Hon. J. C. Scott. Appeal from a conviction of manslaughter; penalty, two years imprisonment in the penitentiary. Appellant was indicted in. the District Court of Grimes County for the murder of one Joe Hall, committed on the 15th day of April, 1898, by shooting him with a pistol. This is a second appeal in this case, the former appeal from Grimes County having been reversed and remanded by the Court of Criminal Appeals. On the 25th day of June, 1903, in the District Court of Grimes County,…
1Opinion of the Court
Appellant was convicted of manslaughter, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
While appellant was on the stand as a witness in his own behalf, the State, on cross-examination, asked him, "Did you not know that it was a violation of law to fire off your pistol in a public road on the night of the homicide at the time you fired it in the air just before Joe Hall attempted to arrest you?" This was objected to because the question was calculated to elecit a conclusion of law, instead of the facts connected with the firing of the…
Also in this document: Dissent.
2Cases cited1 opinion
- Smith v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by1 opinion
- Hughes v. StateCourt of Criminal Appeals of Texas · 1904