Drake v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eastland. Tried below before the Hon. Thomas L. Blanton. Appeal from a conviction of murder in the second degree; penalty, sixteen years imprisonment in the penitentiary.
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Appeal from the District Court of Eastland. Tried below before the Hon. Thomas L. Blanton. Appeal from a conviction of murder in the second degree; penalty, sixteen years imprisonment in the penitentiary. The testimony showed that ill feeling resulted between the defendant and deceased growing out of a divorce suit by the wife of deceased against the latter; that the defendant had been witness for plaintiff in that suit and had declared, after hearing that the court refused to grant a divorce, that there was some other way in getting rid of the deceased; that on the day of the killing, some…
1Opinion of the Court
HARPER, Judge.
Appellant was indicted, charged with murder. The court submitted the issues of murder in the first and second degree, manslaughter and sell’-defense, and appellant was convicted of "murder in the second degree, and his punishment assessed at' sixteen years confinement in the penitentiary.
1. An exception was reserved to the action of the court in overruling appellant’s first application for a continuance. In view of the disposition that will be made of the case, we do not deem it necessary to discuss this assignment, as the matter will probably not arise on another trial.
2.…
2Cited by20 opinions
- Moreno v. State, Texas Court of Appeals, 6th District (Texarkana)1995
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Brooks v. StateCourt of Criminal Appeals of Texas · 1972
- Bautista v. StateCourt of Appeals of Texas · 1982
- Scott v. StateCourt of Criminal Appeals of Texas · 1913
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