Havard v. State
| Decision Date | 18 February 1925 |
| Docket Number | (No. 8649.) |
| Citation | 269 S.W. 89 |
| Parties | HAVARD v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Jasper County; V. H. Stark, Judge.
Steve Havard was convicted of murder, and he appeals. Affirmed.
J. B. Forse, of Newton, and G. E. Richardson, of Jasper, for appellant.
Tom Garrard, State's Atty., and Grover C. Morris, Asst. State's Atty., both of Austin, for the State.
The offense is murder; punishment fixed at confinement in the penitentiary for a period of 10 years.
An altercation took place at a dance in which the appellant cut the deceased, Arthur Gay, with a sharp instrument, inflicting upon him mortal wounds from which he died within a short time.
The sufficiency of the evidence is called in question, but to our minds it is adequate to support the conviction. A review of it in detail is deemed unnecessary. When examining the deceased some 30 minutes after he was injured, the physician found him lying on the ground in water and blood. There were two severe and two small wounds upon his body. The muscles of his right arm were cut around, and all the muscles and blood vessels under his arm were severed. Another wound below the ribs, entering about the spleen and going to the hollow, was three and one-half or four inches long. A part of the intestines and omentum were entering through the hole. The other wounds, one on the shoulder-blade and the other on the breast, were of minor importance. All the wounds were made with a sharp instrument.
An eyewitness for the state, in describing the affair, said that a dance was in progress, and that Mr. Tanton, who was fiddling, ceased for a while, and the deceased took the instrument and played a tune by which the witness and others danced. Appellant appeared, and with an oath said that no tune had been played except by Tanton. He was told by Tanton that deceased, Gay, had played, and appellant, with an oath, said it was a lie. Deceased said he wanted no trouble, but said that he had played a tune himself. Appellant reiterated the statement that it was a lie, using an oath, and applying to deceased an insulting epithet. Deceased said, "Don't use no curse words; have respect for the ladies." Appellant said, "Damn the ladies and you too." The deceased, with his left hand, shoved the appellant back. Appellant cut the deceased's right arm. Disabled in that arm, deceased struck the appellant with his left hand. Appellant then cut the deceased in the side.
Another witness testified that appellant, a short time before the affray, stated that he intended to kill some one.
According to the appellant's version as developed from his testimony, he and others had employed Tanton to furnish music for the dance; that Tanton had stopped, and had been absent for about 30 minutes, and they wanted him to play. While they were discussing it, Gay said, "We have had music." Then appellant said that they had had none by which any one could dance. This Gay denied, and appellant said, "Mr. Tanton, you play some more; we haven't had any music." Gay said that it was a G____ d____ lie, and said to the appellant, "I will give you to understand that you ain't fooling with these G____ d____ Evadale folks when you are fooling with me," at the same time striking the appellant. Upon receiving the second blow, and observing a knife in the hand of deceased, appellant knocked his "lick up," and went to cutting him, and continued to do so until he thought he was out of danger. There was evidence going to show that the deceased was some 40 or 50 pounds heavier than the appellant. There was also evidence that there was very slight difference in the size of the men. The exhibition of a knife by the deceased was controverted.
A motion to continue the case was made, and the failure of the court to grant it is made the subject of complaint on this appeal. On December 6th subpœna was issued to Liberty county for the witness Jordan, which was served on the 10th of that month. He and the other witnesses named in the application, according to the averments thereof, would have...
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