Hughes v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before the Hon. Jno. M. Furman. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary.
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Appeal from the District Court of Bell. Tried below before the Hon. Jno. M. Furman. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The principal State witness, after describing the locality and its surroundings where the homicide occurred, testified that the first he saw of Guess, the deceased, was when he came up from the south of the horse lot and stopped about three feet east of the east corner of the corner post of the south shed. Oliver Hughes, the defendant, was sitting at that time on a scantling or rather 2x4 pieces of…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at twenty years confinement in the penitentiary, hence this appeal.
Appellant excepted to the charge of the court in the motion for- new trial, among other things,' because the same failed to submit to the jury a charge on the doctrine of retreat. A charge on this subject, like a charge on any other defensive matter, is only required to be given when the testimony pertinently raises that phase of case. While the court gave a charge on self-defense, yet an examination of this record, would…
2Cases cited3 opinions
- Hunt v. StateCourt of Criminal Appeals of Texas · 1894
- Davis v. EvansSupreme Court of Missouri · 1903
- Montgomery v. StateCourt of Criminal Appeals of Texas · 1903
3Cited by1 opinion
- State v. MattsonSupreme Court of Minnesota · 1908