Gonzales v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Victoria. Tried below before Hon. S. F. Grimes. On a trial under an indictment charging him with the murder of one Jose Aguilla on the 22nd day of January, 1893, appellant was convicted of manslaughter, with punishment assessed at four years imprisonment in the penitentiary.
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Appeal from the District Court of Victoria. Tried below before Hon. S. F. Grimes. On a trial under an indictment charging him with the murder of one Jose Aguilla on the 22nd day of January, 1893, appellant was convicted of manslaughter, with punishment assessed at four years imprisonment in the penitentiary. On the night of the 22nd of January, 1893, a number of Mexicans, men and women, were congregated at the house of one Fred Moro, in Victoria county, Texas, sitting up with the corpse of Moro’s wife. The night was very dark and drizzling rain. Defendant and deceased were both present with…
1Opinion of the Court
HURT, Presiding Judge.
This is a conviction for manslaughter. The defendant testified. The proper predicate being laid, Sullivan was introduced to prove contradictory statements made as to material matter sworn to by him. The State had the right to question him regarding this matter, and, unless he admitted unequivocally that he had made the statement to the impeaching witness, the State had the right to so prove by such witness that he had. The court submitted to the jury the rule of law applicable to mutual combat. The charge upon this subject was required by the evidence; and, if it was…
2Cited by10 opinions
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- High v. StateCourt of Criminal Appeals of Texas · 1908
- Jones v. StateCourt of Criminal Appeals of Texas · 1911
- People v. HayesCalifornia Court of Appeal · 1908
- Coker v. StateCourt of Criminal Appeals of Texas · 1913
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