Foster v. State
Court of Criminal Appeals of Texas
Appellant was charged by indictment with the murder of William Johnson, on the 17th day of July, 1902, by shooting him with a gun. The indictment charged a murder on implied malice and of the second degree.
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Appellant was charged by indictment with the murder of William Johnson, on the 17th day of July, 1902, by shooting him with a gun. The indictment charged a murder on implied malice and of the second degree. The following statement of the case is taken from appellant’s brief: The evidence shows that there had been no previous trouble between the deceased and defendant; that defendant on the day of the homicide was at the home of the deceased on a friendly visit; that if any malice existed it was in the breast of the deceased; that on the night of the killing, and some time prior thereto,…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at five years confinement in the penitentiary.
The first bill complains that while the mother of deceased was on the stand she was permitted to testify when deceased left home and with whom. She testified that deceased passed her house between 3 and 4 o’clock, with Carrie Bennett, going to church; that she objected to deceased going with Carrie Bennett, on account of her bad character. Testimony tending to show the bad or lewd character of Carrie Bennett was objected to by defendant, on the ground…
2Cited by2 opinions
- Proctor v. StateCourt of Criminal Appeals of Texas · 1930
- Johnson v. StateCourt of Criminal Appeals of Texas · 1939