Norris v. State

• Decision Date: 20 May 1893
• Citation: 22 S.W. 592
• Parties: NORRIS v. STATE.
• Court: Texas Court of Criminal Appeals

22 S.W. 592

NORRIS v. STATE.

Court of Criminal Appeals of Texas.

May 20, 1893.

Appeal from district court, Colorado county; T. H. Spooner, Judge.

Charles Norris was convicted of murder in the second degree, and appeals. Affirmed.

R. L. Henry, Asst. Atty. Gen., for the State.

DAVIDSON, J.

This conviction was for murder in the second degree, with an assessed penalty of five years in the penitentiary. Application for continuance was filed by defendant for the testimony of Wyatt, Williams, and Jones, by whom it was expected to be shown that they left the employment of defendant through fear on account of threats made by deceased against the life of defendant; that on the morning of the homicide, en route with defendant from his home to Frazier's store for the purpose of having a settlement with defendant for their wages, and, as they reached a point in front of McCall's house, they saw deceased sitting on McCall's gallery; that he placed his hand in a threatening manner in his shirt bosom, as if to carry "into execution the numerous threats against defendant's life, made by him the previous day," and that defendant immediately fired upon and killed deceased. By the evidence it is shown that several parties were in and about the house at the time, by all of whom it was proved that defendant came to the house of McCall alone, dismounted, came upon the gallery, and shot deceased while he was blacking his shoes. As he fired he remarked, "Well, Dick, I suppose you are going to kill me on first sight;" thus showing that he shot deceased because of previous threats. Brown, a brother-in-law of and witness for defendant, testifies that he and the absent witnesses were present at the time of the homicide, as well as to the demonstration on the part of deceased. By all the other witnesses it was shown that Brown and the parties mentioned in the application were not present; that about 15 or 20 minutes after the homicide he, Brown, defendant's wife, and Wyatt came to McCall's house, and made inquiry in regard to the circumstances of the killing, and that Brown's testimony before the examining court was different from that detailed by him on the final trial in relation to the homicide. We are of opinion that it is not probably true that the absent witnesses were present at the homicide, or that their testimony would have been true, had they testified to a demonstration on the part of deceased. It was incontrovertibly shown that deceased was unarmed at the time ...