Legal Opinion

Howard v. State

Court of Appeals of Texas

Decided June 20, 1888No. 5924PublishedCited by 4 opinions

Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. This conviction was in the second degree for the murder of Easter Howard, the wife of the appellant, and the penalty assessed against the accused was a term of seven years in the penitentiary. Alf Parker, Sr., was the first witness for the State.

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Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. This conviction was in the second degree for the murder of Easter Howard, the wife of the appellant, and the penalty assessed against the accused was a term of seven years in the penitentiary. Alf Parker, Sr., was the first witness for the State. He testified that he and the defendant, with their respective families, lived in Colorado county, Texas, in separate houses, twenty-five or thirty steps apart. The killing of the deceased occurred at night, about a month before Christmas, 1887. Witness returned…

1Opinion of the Court

White, Presiding Judge.

Appellant was tried for the murder of his wife, and was convicted of murder of the second degree, with penalty assessed at seven years in the penitentiary Of the many questions so ably discussed in the brief of his counsel, we select out'for examination those which we consider of most importance.

It was not error for the court to admit the evidence objected to of former difficulties which had occurred between the parties, and of previous threats made by the defendant against decea sed. Antecedent menaces, former grudges and quarrels are admissible to show the state of…

2Cases cited1 opinion

  1. Carr v. StateTexas Supreme Court · 1874

3Cited by4 opinions

  1. Coffman v. StateCourt of Criminal Appeals of Texas · 1911
  2. Franks v. StateCourt of Criminal Appeals of Texas · 1934
  3. Rodriguez v. StateCourt of Criminal Appeals of Texas · 1928
  4. Bullock v. StateCourt of Criminal Appeals of Texas · 1958

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