Legal Opinion

Messer v. State

Court of Criminal Appeals of Texas

Decided May 29, 1901No. 2148PublishedCited by 17 opinions

Appeal from the District Court of Bell. Tried below before Hon. John M. Furman. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of J. D. Boyd, on the 2d day of October, 1900, by shooting him with a pistol. The statement of facts is most voluminous.

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Appeal from the District Court of Bell. Tried below before Hon. John M. Furman. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of J. D. Boyd, on the 2d day of October, 1900, by shooting him with a pistol. The statement of facts is most voluminous. It is substantially condensed in the following statement, taken from the brief of appellant’s counsel, viz: The killing occurred within the limits of the city of Belton, in Bell County, on the morning of October 2, 1900, between…

1Opinion of the Court

BBOOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a period of twenty years.

The testimony adduced on the trial shows, substantially, that defend ant had been informed by his wife that deceased had offered numerous indignities to her prior to her marriage with him, and several insults after her marriage; that upon being apprised of these insults, by the wife, appellant sought deceased, as he stated, with the view of getting deceased to desist from any further attentions towards his wife; that upon meeting…

2Cases cited7 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1897
  2. Red v. StateCourt of Criminal Appeals of Texas · 1898
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1894
  4. Gaines v. StateCourt of Criminal Appeals of Texas · 1897
  5. Merritt v. StateCourt of Criminal Appeals of Texas · 1898

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

3Cited by17 opinions

  1. McDougal v. StateCourt of Criminal Appeals of Texas · 1917
  2. Hobbs v. StateCourt of Criminal Appeals of Texas · 1908
  3. Richards v. StateCourt of Criminal Appeals of Texas · 1908
  4. Stewart v. StateCourt of Criminal Appeals of Texas · 1907
  5. Marsh v. StateCourt of Criminal Appeals of Texas · 1908

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

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