Wilson v. State
Court of Criminal Appeals of Texas
One of defendant’s young children testified for the State that his parents had trouble on the Sunday previous to the killing and that defendant got a gun and tried to kill his mother, the deceased, but that the latter took it away from him and put it up; that on the day following he returned about noon from his field work, and that the witness’ mother was whipping his little sister, who was some six years old, for killing one of the little turkeys, and that she did so…
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One of defendant’s young children testified for the State that his parents had trouble on the Sunday previous to the killing and that defendant got a gun and tried to kill his mother, the deceased, but that the latter took it away from him and put it up; that on the day following he returned about noon from his field work, and that the witness’ mother was whipping his little sister, who was some six years old, for killing one of the little turkeys, and that she did so against the defendant’s command not to do so; that thereupon he first looked for a plank in the yard, but couldn’t find one,…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at fifty years confinement in the penitentiary.
Appellant’s defense was that the killing was accidental, and that his wife had possession of a shotgun and that he was attempting to take the gun away from her, when in the struggle over the gun it was accidentally discharged, the wife receiving the contents in her body, which caused her death.
1. The court submitted to the jury the issues of murder in the first and second degrees, and instructed the jury that if they believed from the evidence that…
2Cited by13 opinions
- Fambrough v. WagleyTexas Supreme Court · 1943
- Esparza v. StateCourt of Criminal Appeals of Texas · 1975
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Pueblo v. Saltari CrespoSupreme Court of Puerto Rico · 1938
- Burnaman v. StateCourt of Criminal Appeals of Texas · 1913
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