Reports of Cases Argued and Adjudged in the Court of Appeals of Texas, 26권Hutchings Print. House (etc.), 1889 |
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13 페이지
... another trial , they will not be noticed . The judgment will be reversed and the cause remanded . Reversed and remanded . Opinion delivered June 27 , 1888 . 26a 141 27a 491 26 14 28 522 29 46 Term , 1888. ] 13 JONES V. THE STATE .
... another trial , they will not be noticed . The judgment will be reversed and the cause remanded . Reversed and remanded . Opinion delivered June 27 , 1888 . 26a 141 27a 491 26 14 28 522 29 46 Term , 1888. ] 13 JONES V. THE STATE .
22 페이지
... judgment is reversed and the cause remanded . Opinion delivered June 27 , 1888 . Reversed and remanded . No. 6094 . R. W. LEDBETTER V. THE STATE . 1. JUSTIFIABLE HOMICIDE IN DEFENSE OF PROPERTY - CHARGE OF THE COURT . - The first of two ...
... judgment is reversed and the cause remanded . Opinion delivered June 27 , 1888 . Reversed and remanded . No. 6094 . R. W. LEDBETTER V. THE STATE . 1. JUSTIFIABLE HOMICIDE IN DEFENSE OF PROPERTY - CHARGE OF THE COURT . - The first of two ...
35 페이지
... judgment should be reversed because of this error . This is the second appeal , and we have very carefully read the statement of facts on both appeals , and our deliberate con- clusion is that this judgment should not stand , because we ...
... judgment should be reversed because of this error . This is the second appeal , and we have very carefully read the statement of facts on both appeals , and our deliberate con- clusion is that this judgment should not stand , because we ...
36 페이지
... judgment with an oral opinion . Appel- lant has filed a motion for rehearing , which has been supple- mented by an able oral argument and brief by his attorney . He was arrested upon a capias issued from the district court of Camp ...
... judgment with an oral opinion . Appel- lant has filed a motion for rehearing , which has been supple- mented by an able oral argument and brief by his attorney . He was arrested upon a capias issued from the district court of Camp ...
37 페이지
... judgment of the court below was correct , and the motion for rehearing is there- fore overruled . Affirmed and motion for rehearing overruled . Opinion delivered June 27 , 1888 . NO . 5812 . J. S. IRVINE v . THE STATE . 1. PRACTICE ...
... judgment of the court below was correct , and the motion for rehearing is there- fore overruled . Affirmed and motion for rehearing overruled . Opinion delivered June 27 , 1888 . NO . 5812 . J. S. IRVINE v . THE STATE . 1. PRACTICE ...
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accused alleged animal appellant arrest asked Assistant Attorney Bill Evans brand Bruceville Burbank burglary cattle charge Coleman county colt conviction county court Cross examined deceased defendant defendant's house deputy sheriff distant District Court dollars door error evidence held facts fatal shot felony fendant George Nixon Granbury guilty hand heard homicide Hood county horse indictment instruct the jury intent Jones JUDGE judgment juror killing lived manslaughter Matt Webb McDougald McLennan county Meuly miles morning murder negro ness night Nowlin o'clock offense Opinion delivered option law party Penal Code penitentiary perjury person pistol proof prosecution prove refused remanded replied Riverton road Rosalio saloon shooting shot was fired Smith Statement statute stolen Taylor county testified testimony Texas Ct theft tion track trial court verdict W. L. Davidson Wise county witness saw witness's house yards Young county
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576 페이지 - ... and any person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars...
661 페이지 - ... penalty of crime; but evidence of temporary insanity produced by such use of ardent spirits may be introduced by the defendant in any criminal prosecution in mitigation of the penalty attached to the offense for which he is being tried...
568 페이지 - Manslaughter is voluntary homicide, committed under the immediate influence of sudden passion, arising from an adequate cause, but neither justified nor excused by law. By the expression "under the immediate influence of sudden passion...
737 페이지 - all persons are principals who are guilty of acting together in the commission of an offense.
214 페이지 - A conviction cannot be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof.
509 페이지 - Clifton, or either of them, * * * then you will und him guilty," etc. This is manifestly erroneous. It was tantamount to charging them that they might convict, if any one of the parties had not consented, though the defendant might have had the consent of the other two; in other words, that the general and actual owner of the property might have given consent to defendant's taking, and yet he would nevertheless be guilty of the theft if either of the special owners had not given their consent. For...
45 페이지 - No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
247 페이지 - ... are authorized to be indicted, tried, and punished as principals.— Code 1876, section 4802 ; Hughes v. The State, 75 Ala. 31. The general rule is familiar, that where several parties conspire or combine together to commit any unlawful act, each is criminally responsible for the acts of his associates or confederates committed in furtherance or in prosecution of the common design for which they combine.
667 페이지 - We, the jury, find the defendant guilty, as charged in the indictment, and assess his punishment at confinement in the State penitentiary for the term of two years.
107 페이지 - If any person by assault or violence or by putting in fear of life or bodily injury, shall fraudulently take from the person or possession of another, any property •with intent to appropriate the same to his own use, he shall be punished by confinement in the penitentiary for life, or for a term of not less than five years...