French v. State
Decision Date | 17 March 1909 |
Citation | 117 S.W. 848 |
Parties | FRENCH v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Bowie County; P. A. Turner, Judge.
Walter French was convicted of murder, and appeals. Reversed and remanded.
Hart, Mahaffey & Thomas, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.
Appellant was convicted of murder in the second degree, and his punishment assessed at five years' confinement in the penitentiary.
The second ground of the motion for a new trial complains that the court erred in failing to charge the jury the law with reference to defendant's right to defend his home against the unlawful entry of the same by deceased, appellant insisting that the evidence clearly raised this issue and imperatively demanded the submission of the same by the court to the jury. The facts relied upon by appellant suggesting the issue contended for are as follows: The undisputed facts in the case show that deceased was shot and killed by the appellant on the front porch of appellant's home, in the city of Texarkana. The facts are further undisputed that deceased and appellant had a quarrel or altercation, on the morning deceased was killed, at the City Hall Saloon in said city; that appellant told deceased to stay away from his home, and left the saloon and started home. It was further undisputed that on the way home appellant met the constable, and complained to him that deceased had been following him around town that morning and trying to have trouble with him, and asked the constable for protection. Appellant testified: The witness further testified: " He further testified: "I just caught him in the collar and shoved him off, and said, `I told you to keep away from here.'" The witness further testified with reference to the quarrel at the City Hall Saloon that morning, as follows: ...
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Hughes v. State
...50 Tex. Cr. R. 134, 95 S. W. 1037; Williams v. State, 51 Tex. Cr. R. 361, 102 S. W. 1134, 123 Am. St. Rep. 884; and French v. State, 55 Tex. Cr. R. 538, 117 S. W. 848. In the last case cited, the court expressly did not pass upon the question. The Bateson Case, supra, is the leading case on......
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...Mack v. State, 97 Tex.Cr.R. 583, 263 S.W. 912 (1924); Newman v. State, 58 Tex.Cr.R. 443, 126 S.W. 578 (1910); and French v. State, 55 Tex.Cr.R. 538, 117 S.W. 848 (1909). Whether Beggs was an effort to restrict the defense of habitation is not clear. In any event, the earlier line of cases p......
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...1224 and 1227, P.C., applicable to the issue raised by her testimony. Wells v. State, 63 Tex.Cr.R. 618, 141 S.W. 96; French v. State, 55 Tex.Cr.R. 538, 117 S.W. 848 In addition to the above error, we find herein proof of extraneous acts of misconduct against the accused who had not put her ......
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