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: 270
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270 FARRER v. THE STATE. [Term of
Statement of the case.
"their quirts; the negroes fought on foot and threw stones at
"the Mexicans. Defendant had been drinking. Witness as"
sisted Baraldono to take defendant off the deceased and carried
" defendant off. Witness did not see the defendant strike the
deceased when he was knocked from his horse; saw defend"ant
throw at deceased after he was upon the ground, but don't
" know whether the stones thrown by defendant struck deceased
" or not; the deceased was about thirty yards, when attacked by
" defendant, from where the fight commenced between the
"freedmen and the Mexicans. Witness did not observe the
' child deceased held at the time he was attacked by the de"
"The race was to have been run for the distance of two hundred
" yards. When one hundred and thirty yards had been neas"ured
with a rope by a Mexican and Robertson, they stopped,
"and the defendant said to the Mexican, 'You d- d son of
" ' a bitch, you know that ain't two hundred yards, I don't mean
'to be cheated out of my money,' and seizing the rope,
"wrenched it from the Mexican, after some resistance on the
" part of the latter, and defendant then struck the Mexican with
"the rope, and the Mexican retreated a few steps, mounted his
" horse, and then assaulted the defendant and gave him a blow
"upon the side of the head which stunned him, and caused him
" to fall upon his knees; the fight then became general between
" the Mexicans and the freedmen."
The court instructed the jury by giving the statutory definitions
of murder, and its degrees-giving the discussion in
McCoy v. The State as defining express malice. No further
definition of murder in the second degree was given, although
the jury was told that they could find defendant guilty of murder
in the second degree.
The jury returned a verdict of murder in the first degree,
and judgment accordingly.
TW. . Davidson and H. Clay Pleasants, for appellant.
Geo. Clark, for State.
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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/m1/278/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .