Cravey v. State
Court of Criminal Appeals of Texas
Counsel for appellant moved in arrest of judgment, “because the indictment does not allege that the killing was done with malice aforethought.” This was overruled. In view of the disposition made of the appeal, a statement of the case is unnecessary.
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of manslaughter, and given five years in the penitentiary, and prosecutes this appeal. The only questions necessary to be considered in this ease are those raised on the indictment. The indictment, in the charging part, is as follows, to-wit: “That James Cravey * * * did then and there, with implied malice, kill Rafael Crane, by shooting him, the said Rafael Crane, with a pistol.” The statute defines murder as follows: “Every person with a sound memory and discretion, who shall unlawfully kill any reasonable creature in being within this State,…
2Cases cited1 opinion
- McCoy v. StateTexas Supreme Court · 1860
3Cited by6 opinions
- Brett v. StateMississippi Supreme Court · 1909
- Frazer v. StateAlabama Court of Appeals · 1940
- Sherod v. StateCourt of Criminal Appeals of Tennessee · 1971
- T. N. O. R. R. Co. v. BarwickCourt of Appeals of Texas · 1908
- Cain v. StateCourt of Criminal Appeals of Texas · 1900
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