Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 266
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266 FARRER v. THE STATE. [Term of
Statement of the case.
2. EXPRESS MALICE is not imputed as a presumption of law from the unexplained
act of killing; but to warrant a conviction of murder in the
first degree, it must be proved, like any other fact in the case, by such
evidence as is reasonably sufficient to satisfy the jury of its existence.
APPEAL from De Witt. Tried below before the Hon. D.
James Farrer was indicted and put on trial for murder.
Allen Brown, witness for the State, testified that " on August
" 25, 1874, in De Witt county, witness and several other Mexi"
cans and freedmen were on the hill, beyond the residence of
" witness; that a horse-race had been agreed to be run that
" morning between the Mexicans and some of the freedmen, on
" the hill; the parties being there for that purpose. One of the
" Mexicans and one of the freedmen were measuring the dis"
tance; when they had measured one hundred and thirty yards
" they stopped, and defendant said to the Mexican engaged in
" measuring, 'You d--d son of a bitch, you know that ain't
"' right,' and seizing the rope, attempted to take it from the
" Mexican, who resisted, but the defendant finally succeeded in
" pulling the rope from the Mexican; and, doubling the rope,
" struck the Mexican with it. The Mexican retreating a few yards
" mounted his horse, and made at the defendant, and struck him
" on the head or face with a loaded quirt-which blow stunned
" defendant and caused him to stoop or fall to his knees. Tle
"defendant then was joined by several freedmen, the Mexican
" by several Mexicans, and a general fight occurred between the
"freedmen and the Mexicans. At this point of the fight, witness
"observed Joe Webb dismount from his horse and run to the
"assistance of defendant. The fight continued some time, the
" Mexicans fighting on horseback with their quirts, the freed"
men on foot throwing stones-finally, the Mexicans fled; and
the witnesss, with a Mexican named Philip Baraldono, and who
"was to have rode one of the horses in the race, rode towards
"that end of the track from which the Mexicans had begun to
' measure the distance to be run, and near that end of the track
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/274/: accessed August 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .