Brown v. State
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. The appellant was indicted for the murder of one Ted. Benjamin. The evidence shows that when appellant shot Benjamin, the latter was advancing upon him in an excited and angry manner, swearing he would have his revenge, and denouncing Brown as “a d — d rebel son-of-ab — h.” Ho weapon was in the hands of deceased, but an ax and handspike were within his reach when he was wounded by a pistol shot from appellant.
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Appeal from Fort Bend. Tried below before the Hon. L. Lindsay. The appellant was indicted for the murder of one Ted. Benjamin. The evidence shows that when appellant shot Benjamin, the latter was advancing upon him in an excited and angry manner, swearing he would have his revenge, and denouncing Brown as “a d — d rebel son-of-ab — h.” Ho weapon was in the hands of deceased, but an ax and handspike were within his reach when he was wounded by a pistol shot from appellant. The shot entered the lower part of the abdomen and passed through his body. The attending surgeon (?) sewed up the wound…
1Opinion of the CourtWalker, J.
There is some novelty in this case.
Where a defendant in a prosecution for felony is taken ill on the trial, and the court is satisfied, by the opinions of physicians or otherwise, that he is too ill to be present in open court at every stage of the trial, the cause should either be temporarily continued to await his convalescence, or a, juror should be withdrawn and the cause continued for the term. The accused should not only be within the walls of the court house, but he should be present where the trial is conducted, that he may see and be seen, hear and be heard, under such regulations as…
2Cases cited6 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Maria v. StateTexas Supreme Court · 1866
- Ake v. StateTexas Supreme Court · 1867
- Villareal v. StateTexas Supreme Court · 1861
- Wusnig v. StateTexas Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Andrews v. StateSupreme Court of Alabama · 1911
- Frost v. StateSupreme Court of Alabama · 1932
- Spelce v. StateAlabama Court of Appeals · 1924
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
14 more not listed; retrieve them via the Exa API.