Legal Opinion

Simmons v. State

Court of Criminal Appeals of Texas

Decided November 2, 1892No. 61PublishedCited by 11 opinions

At the trial he was convicted of murder in the second degree, with a punishment affixed at five years imprisonment in the penitentiary. All the essential facts in the case are sufficiently stated in the opinion of the court.

1Opinion of the Court

HURT, Presiding Judge.

This appeal is from a conviction of murder in the second degree. The evidence shows that Williamson, the deceased, had gone to Simmons’ gin on two occasions on the day of the homicide, inquiring for appellant, threatening to kill him on sight, and charging him with having insulted Delia Evans, who was deceased’s step-daughter. On both occasions the deceased was armed with a gun. After the second visit of deceased to the gin, Robert McCorkle and his wife, defendant’s wife, and defendant’s father, all being advised of the charges, threats, acts, and conduct of deceased,…

2Cases cited2 opinions

  1. Bradley v. StateIndiana Supreme Court · 1869
  2. Chaney v. StateSupreme Court of Alabama · 1858

3Cited by11 opinions

  1. Parker v. StateCourt of Special Appeals of Maryland · 1969
  2. Poole v. StateCourt of Criminal Appeals of Texas · 1903
  3. Indemnity Ins. Co. of North America v. ScottTexas Commission of Appeals · 1927
  4. Otto v. StateCourt of Criminal Appeals of Texas · 1904
  5. Martinez v. StateCourt of Criminal Appeals of Texas · 1939

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