Legal Opinion

Winters v. State

Court of Criminal Appeals of Texas

Decided April 28, 1897No. 1177PublishedCited by 17 opinions

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

  1. Shannon v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by17 opinions

  1. Gray v. StateCourt of Criminal Appeals of Texas · 1908
  2. Dugan v. StateCourt of Criminal Appeals of Texas · 1919
  3. Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
  4. Young v. StateCourt of Criminal Appeals of Texas · 1908
  5. United States v. MooreUnited States Court of Military Appeals · 1964

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