The Texas Criminal Reports Volume 49

The Texas Criminal Reports Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... My father had gone and moved the rest of the family to Borden County, sometime before that, to his other place in that county. There had been a family by the name of Jones living in the home, but they had moved away about Christmas before the time that defendant and the boys were there. The house was not occupied by a family, but by myself and my brother. I was 17 years of age, and he 15." We take it that these facts make out an offense within the statute. The place had been a private residence, but was not such at the time of the playing. The mere fact that the two boys lived at the former home of the father, which had been abandoned by the father, be moving to another county, and no family living in the residence at the time of the playing, would not authorize appellant to play at said place, as being a private residence occupied by a family. We do not deem it necessary to review the other questions in the record, since they do not presept any error authorizing a reversal. No error appearing, the judgment is affirmed. R. W. THoMSoN v. THE STATE. No. 3429. Decided February 21, 1906. 1.--Iurder in the Second Degrec---Charge of Court--Deadly Weapon--Statutes Construed. Where upon trial for murder the evidence showed that the knife with which deceased was cut, was a small one-bladed barlow pocket knife, and that said cuts at the time they were inflicted were serious but not deadly, but that death nevertheless resulted therefrom, the court erred in not submitting a charge under articles 717 and 719, Penal Code. on the character of weapon used in the killing: and the jury should have been instructed that if they believed the instrument used in the homicide was not likely to produce death, that they must find from the manner of the use...
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Product details

  • Paperback | 376 pages
  • 189 x 246 x 20mm | 671g
  • United States
  • English
  • black & white illustrations
  • 1236931939
  • 9781236931931