The Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas, Volume 90State of Texas, 1922 - Criminal law |
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Page 5
... fact that if appellant had any right of self - defense at all under the facts in this case , it was based almost , if not entirely , upon apparent danger . That part of the charge complained of is as follows : " If from the evidence you ...
... fact that if appellant had any right of self - defense at all under the facts in this case , it was based almost , if not entirely , upon apparent danger . That part of the charge complained of is as follows : " If from the evidence you ...
Page 8
... facts and circumstances proven were in such close relation to the main fact as to who fired the fatal shot , as to make them equivalent to direct testimony , there was no error in the court's failure to charge on circumstantial evi ...
... facts and circumstances proven were in such close relation to the main fact as to who fired the fatal shot , as to make them equivalent to direct testimony , there was no error in the court's failure to charge on circumstantial evi ...
Page 14
... facts in evidence , which facts in the instant case are marked by a number of other occurrences from which sudden passion might be inferred , beside the one blow struck by the deceased at one of the Pinkertons after they had used to him ...
... facts in evidence , which facts in the instant case are marked by a number of other occurrences from which sudden passion might be inferred , beside the one blow struck by the deceased at one of the Pinkertons after they had used to him ...
Page 18
... facts , or the existence of any issues , which could have been affected or made clearer either way , by proof of Wilson's reputation . Such evidence would neither have been in defense nor mitigation of the crime , if any , of appellant ...
... facts , or the existence of any issues , which could have been affected or made clearer either way , by proof of Wilson's reputation . Such evidence would neither have been in defense nor mitigation of the crime , if any , of appellant ...
Page 29
... facts will not be looked to in aid of a defective bill , un- less the trial court refers to it in his explanation . See many cases cited in Branch's Ann . P. C. , p . 137 , Sec . 213. But if we do look to the statement of facts , we ...
... facts will not be looked to in aid of a defective bill , un- less the trial court refers to it in his explanation . See many cases cited in Branch's Ann . P. C. , p . 137 , Sec . 213. But if we do look to the statement of facts , we ...
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Common terms and phrases
43 Texas 51 Texas 88 Texas 90 Texas Crim accomplice accused admissible affirmed aggravated assault alleged appellant appellant's asked Assistant Attorney bill of exceptions burglary cited committed complaint corroboration counsel County court's charge deceased Decided November defendant defendant's District Court evidence filed Following guilty habeas corpus homicide Honorable imprisonment indictment injured instant intent intercourse intoxicating liquor issue Jack County January 11 JUDGE.-Appellant was convicted judgment jurors kill LATTIMORE Legislature manslaughter matter ment motion for rehearing objection October 19 offense opinion overruled party pellant Penal Code penalty penitentiary pistol possession present prosecution prosecutrix punishment fixed R. G. Storey R. H. Hamilton record requested charge reversible error robbery S. W. Rep shooting shot special charge statement of facts statute submitted sufficient testified testimony theft tion told Tom Hays transaction trial court trial judge trial of murder Tried verdict wife
Popular passages
Page 571 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...
Page 99 - Neither of the contracting parties shall be bound to deliver up its own citizens or subjects under the stipulations of this Convention.
Page 482 - Nollkamper, and that the defendant then and there knew that said written instrument was forged, then you will find the defendant guilty, as charged in the indictment, and assess his punishment at confinement in the penitentiary for a term of not less than two nor more than five years.
Page 99 - ... specified in the following article, committed within the jurisdiction of one of the contracting parties, shall seek an asylum or be found within the territories of the other...
Page 135 - In its motion for rehearing the state urges that the great weight of authority is in favor of the proposition that the burden of proof...
Page 580 - In testimony whereof I have hereunto signed my name and caused the seal of the United States to be affixed. •' Done at the city of Washington this second day of October, AD 1865, and of the Independence of the United States the ninetieth. " ANDREW JOHNSON. " By the President : WILLIAM H. SEWARD,
Page 96 - Britain, he came to this country clothed with the protection which the nature of such proceedings and the true construction of the treaty gave him. One of the rights with which he was thus clothed, both in regard to himself and in good faith to the country which had sent him here, was that he should be tried for no other offense than the one for which he was delivered under the extradition proceedings.
Page 217 - food," as used herein, shall include all articles used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.
Page 258 - If the law is wrong, it ought to be changed; but the power for that is not with us. The arguments addressed to us bearing upon such a view of the subject may perhaps be sufficient to induce those having the power, to make the alteration, but they ought not to be permitted to influence our judgment in determining the present rights of the parties now litigating before us. No argument as to woman's need of suffrage can be considered.
Page 258 - We have given this case the careful consideration its importance demands. If the law is wrong, it ought to be changed; but the power for that is not with us. The arguments addressed to us bearing upon such a view of the subject may perhaps be sufficient to induce those having the power to make the alteration, but they ought not to be permitted to influence our judgment in determining the present rights...