Cheek v. State
Court of Appeals of Texas
Appeal from the District Court of Robertson. Tried below before the Hon. W. D. Wood. The appellant and Horace Eaton, the deceased, were freedmen. On the morning of March 20, 1870, a quarrel arose between them, and resulted in the former shooting the latter twice with a pistol, and killing him instantly.
Read the full summary
Appeal from the District Court of Robertson. Tried below before the Hon. W. D. Wood. The appellant and Horace Eaton, the deceased, were freedmen. On the morning of March 20, 1870, a quarrel arose between them, and resulted in the former shooting the latter twice with a pistol, and killing him instantly. The witnesses for the State saw no act of the deceased indicating a purpose to shoot the defendant; but two or three witnesses for the defense testified that the deceased drew his pistol before the defendant shot him, and some of them testified that they heard the deceased, on the preceding…
1Opinion of the CourtEctor, P. J.
The defendant, Martin Cheek, was indicted by the grand jury of Robertson County, on April 25, 1870, for the murder of one Horace Eaton, in that county, on March 20, 1870. There was but one count in the indictment. He was tried on June 14, 1877, and convicted of murder in the second degree. A new trial was granted him, and at the next term of court, and on the ninth day of the court, he was again put on trial, and was convicted of murder in the second degree, and his punishment assessed at five years in the penitentiary. He made a motion for new trial, which was overruled by the court; to…
2Cases cited7 opinions
- Clem v. StateIndiana Supreme Court · 1873
- Horbach v. StateTexas Supreme Court · 1875
- Jones v. StateTexas Supreme Court · 1854
- State v. RossSupreme Court of Missouri · 1859
- People v. GilmoreCalifornia Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.