Legal Opinion

Theriot v. State

Court of Criminal Appeals of Texas

Decided June 1, 1921No. 6240PublishedCited by 9 opinions

The opinion states the case.

1Opinion of the Court

MORROW, Presiding Judge.

Appellant shot and killed Joseph Luquette for which he is under conviction for murder; punishment fixed at confinement in the penitentiary for five years.

There is evidence of previous difficulty, threats on the part of the deceased, and a demonstration immediately preceding the homicide sufficient to raise the issue of self-defense and of intent to execute the threat.

Appropriate instructions were given upon the subject of murder and self-defense, including the law pertaining to communicated threats.

Complaint is made of the failure to instruct the jury on the law of…

2Cases cited7 opinions

  1. Essary v. StateCourt of Criminal Appeals of Texas · 1908
  2. Pickens v. StateCourt of Criminal Appeals of Texas · 1920
  3. Williams v. StateCourt of Criminal Appeals of Texas · 1911
  4. Nelson v. StateCourt of Criminal Appeals of Texas · 1905
  5. Anderson v. StateCourt of Criminal Appeals of Texas · 1910

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Sharp v. StateCourt of Criminal Appeals of Texas · 1986
  2. Peltier v. StateCourt of Criminal Appeals of Texas · 1981
  3. Boening v. StateCourt of Criminal Appeals of Texas · 1967
  4. Castillo v. StateCourt of Criminal Appeals of Texas · 1976
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 1931

4 more not listed; retrieve them via the Exa API.

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