Sanders v. State
| Decision Date | 01 January 1874 |
| Citation | 41 Tex. 306 |
| Parties | THOMAS SANDERS v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from Collin. Tried below before the Hon. W. H. Andrews.
Joseph Bledsoe, for appellant.
George Clark, Attorney General, for the State.
The indictment, in substance, alleges that Thomas Sanders, on the 28th day of December, 1871, in Collin county, of his malice afore-thought, feloniously killed and murdered James Huffhines in the manner therein set forth. These are material allegations to be proved by the prosecution. For the State it is contended that the death of Huffhines resulted from the deliberate and wicked act of Sanders. For him it is urged that the death resulted from an accidental cause. To decide on the intent with which an act is done, in the administration of criminal law, is often not less embarrassing to courts and juries than their decision on questions involving proof of the corpus delicti, and the identity of the prisoner, when put in issue. That the deceased came to his death by the act of the prisoner is not denied. When first questioned, his answers were evasive, but finally he stated to Mrs. Huffhines that he had shot her husband, but he said it was an accident, as she stated on a former trial, as proved by other witnesses.
The prevarication of the accused, and the motive for it, may have resulted either from a consciousness of guilt, or may have been prompted by a sense of terror arising from his situation, without any definite line of conduct. The weight of the evidence, as tending to establish either proposition, and the force of the conviction, as being either weak or strong, must, to a great extent, depend upon what may be known of the prisoner, his temperament, habits of life, and attending circumstances. Though collateral inquiries to the main charge, they are important in searching for the motive, and to arrive at a just conclusion, so far as may be done in the light of the evidence in the case. Whether the circumstances explain the case satisfactorily, and show the act to be accidental or intentional, must be decided upon a careful comparison and consideration of all the facts in evidence. It is not intended to give a full summary of the evidence, but so far only as may be necessary for the purposes of this opinion. It appears that Sanders was living with the deceased as a member of his family. On the night he was killed, Sanders told him that he had seen a man going across the field in the direction of the wheat where his horses were grazing. Sanders and the deceased went out of the house to see about the horses, Sanders taking his pistol with him. The report of a pistol was heard by Mrs. Huffhines a few minutes after they went out. Sanders returned to the house alone. His answers to Mrs. Huffhines' questions about her husband were evasive and unsatisfactory, saying he would be in after awhile; not to fret about him. After going out again, he returned to the house in five or ten minutes, and said to Mrs. Huffhines, “This is the way I was holding my pistol (showing how it was) when it went off and shot Jim, (the deceased.) It was proved that Mrs. Huffhines...
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