Legal Opinion

Pridgen v. State

Texas Supreme Court

Decided October 15, 1868PublishedCited by 6 opinions

Appeal from Victoria. The case was tried before Hon. Wesley Ogden, one of the district judges. The value of the precedent in this case must depend upon the facts proved at the trial. Several witnesses were present at the tragedy. Some were sworn for the prisoner and some for the state. Yet there was such near agreement as rarely occurs.

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Appeal from Victoria. The case was tried before Hon. Wesley Ogden, one of the district judges. The value of the precedent in this case must depend upon the facts proved at the trial. Several witnesses were present at the tragedy. Some were sworn for the prisoner and some for the state. Yet there was such near agreement as rarely occurs. The killing was at the store of Henry F. Spear, at the Missouri Valley post office, in Victoria county, on the 12th October, 1867. The deceased, Cornelius Pridgen, and the witness, Daniel Weiseger, were sitting at the store-house door of Spear, when the…

1Opinion of the CourtCaldwell, J.

—This was an indictment for murder in the district court of Victoria county; trial at the spring term, 1868, and a conviction for murder in the second degree.

During the progress of the trial there were several exceptions to the ruling of the court, all embodied in a motion for a new trial, which was overruled, and the prisoner appealed. '

Two errors are relied on for a reversal, all others having been abandoned by counsel for the prisoner in this court.

I. The court erred in its rulings, “in refusing to permit the defendant to make proof of previous threats immediately preceding. the shooting,…

2Cases cited3 opinions

  1. People v. RectorNew York Supreme Court · 1838
  2. Johnson v. StateTexas Supreme Court · 1865
  3. Lander v. StateTexas Supreme Court · 1854

3Cited by6 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. Roberts v. StateSupreme Court of Alabama · 1880
  3. Myers v. StateSupreme Court of Alabama · 1878
  4. Stewart v. StateCourt of Criminal Appeals of Texas · 1896
  5. People v. CampbellCalifornia Supreme Court · 1881

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