Dow v. State
Court of Criminal Appeals of Texas
Appellant was indicted for the murder of one Z. H. A. Perkins, and lie appeals from a judgment of conviction for murder in the second degree, with the punishment affixed at thirty-five years in the penitentiary. The evidence is, in substance, as follows: John Perkins, for the State: Am the son of Z. H. A. Perkins, who died in Palo Pinto County on the 13th day of June, 1891, from a gunshot wound in and near the left eye. Know the defendant, William Dow.
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Appellant was indicted for the murder of one Z. H. A. Perkins, and lie appeals from a judgment of conviction for murder in the second degree, with the punishment affixed at thirty-five years in the penitentiary. The evidence is, in substance, as follows: John Perkins, for the State: Am the son of Z. H. A. Perkins, who died in Palo Pinto County on the 13th day of June, 1891, from a gunshot wound in and near the left eye. Know the defendant, William Dow. On the day of my father’s death, we lived on defendant’s place, and were his tenants at that time. On that day we had finished hoeing cotton,…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of thirty-five years.
A second continuance was sought, for the testimony of alleged absent witnesses, all of whom appeared at the trial except E. D. Cook, by whom defendant expected to prove that deceased cursed and abused him, and stated that he intended to “ wear out” the defendant. Under the facts of this case, the evidence was not material. It was not a threat against the life of defendant, nor was it probably true, when viewed in the light of…
2Cited by7 opinions
- Gonzalez v. StateCourt of Criminal Appeals of Texas · 1956
- Williams v. StateCourt of Criminal Appeals of Texas · 1921
- Bradley v. StateCourt of Criminal Appeals of Texas · 1923
- Tyrone v. StateCourt of Criminal Appeals of Texas · 1915
- Rippetoe v. StateCourt of Criminal Appeals of Texas · 1912
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