Winters v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for murder in the .second degree; penalty, twenty-five years’ imprisonment in the penitentiary. Appellant was indicted for the murder of A. J. Shirley, on the 20th. day of June, 1895, by shooting him with a pistol.
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Appeal from the District Court of Hill. Tried below before Hon. J. M. Hall. Appeal from a conviction for murder in the .second degree; penalty, twenty-five years’ imprisonment in the penitentiary. Appellant was indicted for the murder of A. J. Shirley, on the 20th. day of June, 1895, by shooting him with a pistol. The essential facts, adduced in evidence on the trial, are stated in the opinion; and the charge of the court, upon provoking the difficulty and upon self-de'fense, are also set out in full in the opinion.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at a term of twenty-five years in the penitentiary; hence this appeal. There is but one assignment of error that requires to be considered, and that is as to the charge of the court on self-defense. We will state enough of the facts of the case to show how the question of self-defense arose. It appears that some two weeks before the homicide" the defendant was keeping a livery stable in the town of Brandon, in Hill County, and the deceased lived on a farm several miles in the country. Some two…
2Cases cited1 opinion
- Shannon v. StateCourt of Criminal Appeals of Texas · 1894
3Cited by17 opinions
- Gray v. StateCourt of Criminal Appeals of Texas · 1908
- Dugan v. StateCourt of Criminal Appeals of Texas · 1919
- Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
- Young v. StateCourt of Criminal Appeals of Texas · 1908
- United States v. MooreUnited States Court of Military Appeals · 1964
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