Wilson v. State
Court of Criminal Appeals of Texas
The main State’s witness describes the difficulty as follows: “Harrell the deceased was running or backing off while the two Wilsons were cutting at him with knives. He was backing off from them and striking with his hand to and fro, backing as fast as he could and they were cutting at him with knives.
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The main State’s witness describes the difficulty as follows: “Harrell the deceased was running or backing off while the two Wilsons were cutting at him with knives. He was backing off from them and striking with his hand to and fro, backing as fast as he could and they were cutting at him with knives. Harrell reached down and grabbed up a little piece of cracker-box or possibly it might have come off of a whisky case, or something of that kind, and struck at the Wilsons with it and was striking at them and waving the stick to and fro. They made a circle, this way, possibly of a hundred and…
1Opinion of the Court
Appellant was convicted of murder in the second degree, and his punishment fixed at seven years confinement in the penitentiary.
This is a companion case to that of H.C. Wilson v. State, decided at the Austin Term, 1905.
Appellant filed a motion to quash the indictment, because the charging part reads, "That H.C. Wilson and W.L. Wilson did then and there unlawfully with his malice aforethought kill." It is a well-known rule that bad spelling and ungrammatical construction will not vitiate an indictment. It clearly appears that both appellant and H.C. Wilson are charged with killing deceased…
2Cases cited4 opinions
- Bateson v. StateCourt of Criminal Appeals of Texas · 1904
- Sims v. StateCourt of Criminal Appeals of Texas · 1896
- Medina v. StateCourt of Criminal Appeals of Texas · 1901
- Connell v. StateCourt of Criminal Appeals of Texas · 1904
3Cited by11 opinions
- Simmons v. StateCourt of Criminal Appeals of Texas · 1981
- State v. BreyerIdaho Supreme Court · 1925
- Beal-Doyle Dry Goods Co. v. CarrSupreme Court of Arkansas · 1908
- Marcus v. United StatesCourt of Appeals for the D.C. Circuit · 1936
- Johnson v. StateCourt of Special Appeals of Maryland · 1985
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