Thomas v. State
Court of Criminal Appeals of Texas
The State’s testimony shows that the parties had been playing cards and that defendant shot and killed deceased. The defendant’s testimony shows that the deceased would not give up the money which defendant had won in a game of cards, and that defendant then reached for his pistol and demanded the money, a quarrel ensued and that he then shot deceased in self-defense.
1Opinion of the Court
PRENDERGAST. Judge.
Appellant was convicted of murder and his punishment assessed at twenty-five years in the penitentiary.
The evidence has been carefully read. It without doubt was sufficient to show that appellant was guilty of murder as charged in the indictment It did not raise the issue of manslaughter and the court below correctly so ruled. Appellant’s testimony alone did raise self-defense which the court submitted fully in his behalf in a correct charge and to which there was no objection,-
There is in the record what is styled defendant’s objections to the court’s charge, which, after…
2Cases cited5 opinions
- Taylor v. BoydTexas Supreme Court · 1885
- Chant v. StateCourt of Criminal Appeals of Texas · 1914
- Mansfield v. StateCourt of Criminal Appeals of Texas · 1911
- Teague v. StateCourt of Criminal Appeals of Texas · 1912
- Garrett v. StateCourt of Criminal Appeals of Texas · 1913
3Cited by1 opinion
- Maier v. ThormanCourt of Appeals of Texas · 1921