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 2
... raised the issue of apparent danger , same was reversible error , although the charge was correct in the abstract . 10. Same - Trovoking Difficulty -- Charge of Court . Where , upon trial of murder , the evidence raised the issue of im ...
... raised the issue of apparent danger , same was reversible error , although the charge was correct in the abstract . 10. Same - Trovoking Difficulty -- Charge of Court . Where , upon trial of murder , the evidence raised the issue of im ...
Page 8
... raised the issue of other occurrences from which sudden passion might be inferred beside the one blow struck by deceased at one of his assailants , a general charge on manslaughter , including all the facts and circumstances , should ...
... raised the issue of other occurrences from which sudden passion might be inferred beside the one blow struck by deceased at one of his assailants , a general charge on manslaughter , including all the facts and circumstances , should ...
Page 28
... raised upon the appeal . In the first three bills of exceptions , appellant complains because the court did not permit him to prove by his brother , W. A. Smith , certain conversations between appellant and one Mrs. Wilson , which ...
... raised upon the appeal . In the first three bills of exceptions , appellant complains because the court did not permit him to prove by his brother , W. A. Smith , certain conversations between appellant and one Mrs. Wilson , which ...
Page 58
... raised the question that the evidence was insufficient to authorize the trial judge to submit to the jury the issue of assault with intent to murder , and contends before this court that the trial court was in error in submitting that ...
... raised the question that the evidence was insufficient to authorize the trial judge to submit to the jury the issue of assault with intent to murder , and contends before this court that the trial court was in error in submitting that ...
Page 62
... raised the issue of assault with intent to murder , that is , to state it in another way , he insists that there was no evidence that appellant acted with malice at the time he fired the shot which was the basis for this prosecution ...
... raised the issue of assault with intent to murder , that is , to state it in another way , he insists that there was no evidence that appellant acted with malice at the time he fired the shot which was the basis for this prosecution ...
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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...