Moore v. State

Decision Date05 November 1892
Citation20 S.W. 563
PartiesMOORE v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from district court, Wilbarger county; G. A. BROWN, Judge.

T. B. Moore was convicted of an assault with intent to commit murder, and appeals. Affirmed.

Stephens & Huff, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.

SIMKINS, J.

Defendant was convicted of an assault with intent to murder, and sentenced to three years in the penitentiary, from which judgment he appeals.

1. The first error complained of was that the court permitted the assaulted party, his wife and daughter, to testify to indecent language and conduct on the part of defendant prior to the assault. We certainly can see no error in admitting this testimony. It was certainly admissible to show the state of mind of the accused before he made the assault. Wright v. State, 41 Tex. 247. There can be no stronger evidence of animosity than that which is manifested in gratuitous insults to the female relatives of an enemy.

2. The defendant complains that the court erred in permitting Mrs. Scott, wife of the prosecutor, to detail the facts of the shooting as told by her husband on his return home, as being hearsay, and not a part of the res gestæ. We do not think the error was well taken. The cross-examination of Scott and the evidence of defendant and his witnesses tended to impeach Scott, and show that his account of the difficulty was concocted, and her statement was clearly admissible to corroborate the statement of her husband, and show he made the same statement in a short time after the difficulty, to the first person he met. Again, the evidence shows that the prosecutor, from the time he separated from the defendant, went rapidly home, the distance being a mile and a quarter, and he was wounded, bleeding, and suffering, and related the transaction to the first person he met, who was his wife. We think the statements were spontaneous. In Stagner's Case, 9 Tex. App. 456, this court held that statements made 20 minutes after the transaction were res gestæ. In Castillo's Case, 19 S. W. Rep. 892, this court held that statements made half an hour after the transaction by the injured party were res gestæ. We think the evidence admissible on either ground.

3. The defendant further complains that the court erred in refusing the special charges asked for by himself on the law of self-defense as to appearances of danger. We certainly can see no evidence calling for a charge on the appearance of danger. If defendant's statement is true, to the effect that, as he was riding on the top of the hill, the prosecutor, Scott, suddenly rose out of a...

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16 cases
  • McCue v. State
    • United States
    • Texas Court of Criminal Appeals
    • December 3, 1913
    ...State, 50 Tex. Cr. R. 650, 100 S. W. 771; Pitts v. State 132 S. W. 801; Sims v. State, 36 Tex. Cr. R. 164, 36 S. W. 256; Moore v. State, 31 Tex. Cr. R. 236, 20 S. W. 563; Simpson v. State, 46 Tex. Cr. R. 552, 81 S. W. And where the testimony goes to charge the witness with recent fabricatio......
  • Collins v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 2, 1915
    ...See, also, Medina v. State, 49 S. W. 380; Hubby v. State, 8 Tex. App. 597; Duebbe v. State, 1 Tex. App. 159; Moore v. State, 31 Tex. Cr. R. 234, 20 S. W. 563; Powell v. State, 13 Tex. App. 244; Taylor v. State, 14 Tex. App. 340; Dubose v. State, 13 Tex. App. 418; Hart v. State, 15 Tex. App.......
  • The State v. Hudspeth
    • United States
    • Missouri Supreme Court
    • December 18, 1900
    ... ... J. Law 495; Keyser v. Railroad, 66 ... Mich. 390; State v. Horan, 32 Minn. 394; ... O'Connor v. Railroad, 27 Minn. 166; Jordan ... v. Commissioners, 25 Gratt. 943; Ins. Co. v ... Mosley, 8 Wall. 397; Rawson v. Haigh, 2 Bingham ... 99; Com. v. McPike, 3 Cush. 181; Moore v ... State, 20 S.W. 563; Castillo's Case, 19 S.W. 892; ... Brownell v. Railroad, 47 Mo. 239; Com. v ... Werntz, 161 Pa. St. 591; Ins. Co. v. Hillman, ... 145 U.S. 296; Com. v. Hackett, 2 Allen 136; ... Crookham v. State, 5 W.Va. 511; Hill's Case, 2 ... Gratt. 594. (5) The court ... ...
  • Nami v. State
    • United States
    • Texas Court of Criminal Appeals
    • May 7, 1924
    ...App. 201, 15 S. W. 642, 25 Am. St. Rep. 720; Castillo v. State, 31 Tex. Cr. R. 145, 19 S. W. 892, 37 Am. St. Rep. 794; Moore v. State, 31 Tex. Cr. R. 236, 20 S. W. 563; King v. State, 34 Tex. Cr. R. 237, 29 S. W. 1086; Freeman v. State, 40 Tex. Cr. R. 545, 46 S. W. 641, 51 S. W. 230; Chapma......
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