Legal Opinion

Pitts v. State

Court of Appeals of Texas

Decided February 25, 1891No. 3040PublishedCited by 8 opinions

Appeal from Hill County. Tried below before Hon. J. M. Hall. On March 13, 1889, about 12 o’clock m., in Hubbard City, Hill County, Texas, the defendant shot with a gun and instantly killed Dave Stern. Defendant and deceased resided in Hubbard City, defendant being a lawyer and deceased a merchant. Defendant was a married man. There was a hotel in Hubbard City called the Covington Hotel. It was reputed to be a house of prostitution.

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Appeal from Hill County. Tried below before Hon. J. M. Hall. On March 13, 1889, about 12 o’clock m., in Hubbard City, Hill County, Texas, the defendant shot with a gun and instantly killed Dave Stern. Defendant and deceased resided in Hubbard City, defendant being a lawyer and deceased a merchant. Defendant was a married man. There was a hotel in Hubbard City called the Covington Hotel. It was reputed to be a house of prostitution. Mrs. Covington, who kept said hotel, had, shortly prior to the homicide, been prosecuted for keeping a disorderly house, but had been acquitted. Defendant, as an…

1Opinion of the Court

WHITE, Presiding Judge.

This appeal is from a judgment of conviction for murder of the second degree.

Defendant’s defense was that the killing was on account of grossly insulting language used by deceased of and concerning defendant’s wife. .

The first bill of exception was reserved to the action of the court in refusing to permit defendant to prove by the witness Johnson, in effect, that a short time before the killing he (the witness) had stopped at the Covington House, and had there seen, deceased and Mrs. Covington in bed together. This fact was not known to defendant at the time of the…

2Cases cited1 opinion

  1. Hinton v. StateTexas Supreme Court · 1859

3Cited by8 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1926
  2. Moore v. StateCourt of Criminal Appeals of Texas · 1921
  3. Brewer v. StateCourt of Criminal Appeals of Texas · 1941
  4. United States Express Co. v. TaylorCourt of Appeals of Texas · 1912
  5. Dunne v. StateCourt of Criminal Appeals of Texas · 1923

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