Foreman v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eobertson. Tried below before Hon. JOHN N. Henderson. On trial under an indictment charging him with the murder of one E. N. Moody, appellant was convicted of manslaughter, his punishment being assessed at two years’ imprisonment in the penitentiary. The facts of the case will be fully understood from the testimony of the witnesses George Williams and Sam Hay, which testimony was fully corroborated by the other witnesses.
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Appeal from the District Court of Eobertson. Tried below before Hon. JOHN N. Henderson. On trial under an indictment charging him with the murder of one E. N. Moody, appellant was convicted of manslaughter, his punishment being assessed at two years’ imprisonment in the penitentiary. The facts of the case will be fully understood from the testimony of the witnesses George Williams and Sam Hay, which testimony was fully corroborated by the other witnesses. George Williams, for the State, testified: “I know the defendant, J. T. Foreman [points him out]. I knew the deceased, E. jST. Moody, in…
1Opinion of the Court
DAVIDSON, Judge.
Application for continuance was made for the testimony of three absent witnesses, by whom appellant expected to prove communicated threats made by deceased to whip him, “if he had to kill him in doing so.” One of the witnesses appeared during the trial, but was not called on to testify. Why this was not done is not explained. ' The combat being a mutual one, this testimony was not material in this case. Deceased proposed to appellant to retire to the “woods” and settle their grievances. The defendant accompanied him to the designated place, seized a large stick, and with it…
2Cited by6 opinions
- Deuran v. StateCourt of Criminal Appeals of Texas · 1936
- Rater v. StateCourt of Criminal Appeals of Texas · 1948
- McGill v. StateCourt of Criminal Appeals of Texas · 1910
- Talamantes v. StateCourt of Criminal Appeals of Texas · 1925
- Ricen v. StateCourt of Criminal Appeals of Texas · 1911
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