May v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. Erasmus May, the appellant, was convicted of murder in the second degree, upon an indictment which charged him with the murder of D. Daffin, on July 3, 1884, by shooting him with a pistol. A term of seventy-five years in the penitentiary was the penalty assessed against appellant.
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Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. Erasmus May, the appellant, was convicted of murder in the second degree, upon an indictment which charged him with the murder of D. Daffin, on July 3, 1884, by shooting him with a pistol. A term of seventy-five years in the penitentiary was the penalty assessed against appellant. It was fully proved, and not controverted, that the deceased was shot and almost instantly killed at a hay camp, in Falls county, on the day alleged in the indictment. His father testified that deceased, at the time he was killed,…
1Opinion of the Court
Hurt, Judge.
Appellatit prosecutes this appeal from a judgment of conviction for the offense of murder of the second^ degree, confinement in the State penitentiary for the term of seventy-five years being assessed by the verdict.
By a bill of exceptions and explanation thereto by the judge, it appears that, in answer to a question by appellant’s counsel, a witness testified that defendant stated to him that deceased had cut his shirt in two places on the side, showing the cuts, and the witness further testified that in his opinion the cuts could not have been made without cutting the body of…
2Cited by1 opinion
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