Mays v. State
| Decision Date | 19 October 1960 |
| Docket Number | No. 32354,32354 |
| Citation | 170 Tex.Crim. 293,340 S.W.2d 43 |
| Parties | Willie Odell MAYS, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Ivan Irwin, Sr., Pete White, Dallas, for appellant.
Henry Wade, Criminal Dist. Atty., Frank W. Watts, Thomas B. Thorpe, William F. Tucker, Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is murder without malice; the punishment, 5 years.
The prior appeal of this case is reported at 320 S.W.2d 13.
One Faubion testified that he was seated in appellant's tavern talking to appellant's wife on the afternoon in question when she instructed the waitress not to serve deceased any more beer, that appellant's wife spoke to appellant through a service window, and he entered the barroom and accosted deceased as deceased was walking in the direction of the door. He testified further that at this juncture he turned to again speak to appellant's wife, at which time he heard the explosion of a weapon, saw deceased on the floor and appellant standing nearby with a pistol in his hand. It was established by medical testimony that deceased died from a wound caused by a pistol bullet which severed his spine.
Officer Brogan testified that he arrived upon the scene shortly after the shooting and that appellant stated he had shot deceased because he had insulted his wife.
Appellant did not testify or offer any evidence in his own behalf.
The questions presented for review are the alleged errors of the trial court in failing to charge the jury on self defense from an attack less than deadly, negligent homicide, and aggravated assault. The testimony upon which appellant relies as raising the above issues came in the case in the form of police reports. We quote the excerpts thereof most favorable to appellant:
It has been the consistent holding of this Court since Boykin v. State, 148 Tex.Cr.R. 13, 184 S.W.2d 289, that a charge under Article 1224, Vernon's Ann.P.C., is not required when the injured party is about to make an attack or is doing some act...
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Dickson v. State
...See also Johnson v. State, 167 Tex.Cr.R. 289, 319 S.W.2d 720; Leonard v. State, 169 Tex.Cr.R. 147, 332 S.W.2d 562; Mays v. State, 170 Tex.Cr.R. 293, 340 S.W.2d 43; Howard v. State, 172 Tex.Cr.R. 352, 357 S.W.2d In the case at bar, the appellant saw no weapon in the possession of the decease......
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Ortiz v. State, 45562
...he was shot. Dickson v. State, 463 S.W.2d 20 (Tex.Cr.App.1971); Henderson v. State, 402 S.W.2d 180 (Tex.Cr.App.1966); Mays v. State, 170 Tex.Cr.R. 293, 340 S.W.2d 43 (1960) and cf. Gavia v. State, Tex.Cr.App., 488 S.W.2d 420 (1972). The appellants also urge that the court failed to charge t......
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Henderson v. State, 39402
...defend against a milder attack as distinguished from a deadly attack. Booker v. State, 165 Tex.Cr.R. 44, 302 S.W.2d 431; Mays v. State, 170 Tex.Cr.R. 293, 340 S.W.2d 43. Appellant's next complaint is that the trial court erred in failing to charge the jury upon the law of reasonable doubt a......
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Johnson v. State, 47243
...defend against a milder attack as distinguished from a deadly attack. Booker v. State, 165 Tex.Cr.R. 44, 302 S.W.2d 431; Mays v. State, 170 Tex.Cr.R. 293, 340 S.W.2d 43.' See also Howard v. State, 172 Tex.Cr.R. 352, 357 S.W.2d 403 (1962); Montes v. State, 163 Tex.Cr.R. 416, 291 S.W.2d 733 (......