Legal Opinion

Harrell v. State

Court of Criminal Appeals of Texas

Decided April 27, 1898No. 1432PublishedCited by 17 opinions

Appeal from the District Court of Frio, upon a change of venue from Atascosa County. Tried below before Hon. M. F. Lowe. Appeal from a conviction for murder in the second degree; penalty, thirty years imprisonment in the penitentiary.

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Appeal from the District Court of Frio, upon a change of venue from Atascosa County. Tried below before Hon. M. F. Lowe. Appeal from a conviction for murder in the second degree; penalty, thirty years imprisonment in the penitentiary. The indictment charged appellant with the murder of T. M. Peeler, by shooting him with a pistol, in Atascosa County, on the 18th day of May, 1897. The record in this case is most voluminous, the statement of the facts in it covering seventy-seven printed pages of the transcript. A narrative of the important facts ma}’, however, be briefly summed up as follows:…

1Opinion of the Court

HERDERS OR, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of thirty years; hence this appeal.

The homicide occurred in Atascosa County, at a little place called Campbellton, on the 18th of May, 1897. The venue was changed to Frio County. The testimony on the part of the State showed that bad blood had existed between the parties for some time prior to the killing. On an occasion about a month before the homicide occurred, appellant- and deceased met at a saloon in Pleasanton, and an altercation occurred,…

2Cases cited1 opinion

  1. Lawrence v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by17 opinions

  1. Streight v. StateCourt of Criminal Appeals of Texas · 1911
  2. Clark v. State, Texas Court of Appeals, 9th District (Beaumont)2009
  3. Connell v. StateCourt of Criminal Appeals of Texas · 1904
  4. Wragg v. StateCourt of Criminal Appeals of Texas · 1912
  5. Glasser v. StateCourt of Criminal Appeals of Texas · 1921

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