Legal Opinion

Hargrove v. State

Court of Criminal Appeals of Texas

Decided June 9, 1894No. 382PublishedCited by 20 opinions

Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appellant was indicted for the murder of one H. W. Spear, by shooting him with a pistol, and at the trial was convicted of murder in the second degree, with his punishment assessed at imprisonment in the penitentiary for twenty-five years.

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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appellant was indicted for the murder of one H. W. Spear, by shooting him with a pistol, and at the trial was convicted of murder in the second degree, with his punishment assessed at imprisonment in the penitentiary for twenty-five years. H. W. Spear, the deceased, was killed on Friday, December 23, 1892, about 4:40 p. m., at the village of Arlington, in Tarrant County, a regular station on the Texas Pacific Railroad, between Fort Worth and Dallas, and fourteen miles east of Fort Worth. Deceased was killed in a…

1Opinion of the Court

SIMKINS, Judge.

Conviction for murder in the second degree; punishment for twenty-five years. It is only necessary to notice some of the errors raised in this record.

Appellant, having taken the stand in his own behalf as a witness, was asked by the State whether he had not been tried a.nd convicted in that court for the murder of one Tackett, and over his objections was compelled to answer, that he had been convicted, but on a new trial had been acquitted. In his explanation, the court said the evi dence was admitted only for tbe purpose of affecting, if it did affect, tbe credibility of…

2Cases cited2 opinions

  1. Carroll v. StateCourt of Criminal Appeals of Texas · 1893
  2. McGarry v. PeopleNew York Supreme Court · 1870

3Cited by20 opinions

  1. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  2. State v. VelsirWyoming Supreme Court · 1945
  3. Darter v. StateCourt of Criminal Appeals of Texas · 1898
  4. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  5. Young Chung v. StateArizona Supreme Court · 1913

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