Medina v. State
| Decision Date | 08 February 1899 |
| Court | Texas Court of Criminal Appeals |
| Parties | MEDINA v. STATE. |
Appeal from district court, Victoria county; James C. Wilson, Judge.
C. Medina was convicted of murder, and appeals. Affirmed.
Robt. A. John, for the State.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life, and he appeals.
There are but two bills of exception in the record, and both of these relate to the introduction of testimony. The bill shows that the state introduced evidence of a number of whippings from about the 1st of January, 1898, up to the time of the death of deceased, about August, 19, 1898. These prior whippings were objected to by appellant on the ground that they were too remote from the time of the death of the deceased to have been the cause of, or in any way contributing to, her death; and said testimony was calculated to injure the rights of appellant, it not having been shown that any of the scars or marks of prior whippings found on the body of the deceased contributed to her death. The indictment charged that the death of deceased was occasioned by defendant beating the said Victoria Medina with a stick and with a whip, and by starving her, and by hanging her with a rope. No objection was made to the indictment on account of duplicity, but we believe the same was a good indictment, and under it, in our opinion, proof could be made of all the causes; and, if any one was proved, it would be sufficient, or, if all were proved, and together they cooperated to produce the death of deceased, this could be done. See Com. v. Macloon, 101 Mass. 1. From an examination of the statement of facts, we are not able to point out any one wound or beating that may have caused the death of the deceased; and we are not able to say that these alone, and not in conjunction with starving, may have caused the death of deceased; but certainly these beatings, wounds, and starving, in conjunction, extending over a considerable length of time, caused the death of deceased. That these beatings and starving were by appellant is equally unquestioned. We hold that it was competent to prove the prior beatings as evidence of appellant's malice towards deceased, and as evidence of a systematic and cruel treatment by him towards her, which resulted in her death.
It is also objected that the state was allowed to prove the beating by defendant of deceased with other instruments than...
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