# McDowell v. State

> Court of Criminal Appeals of Texas · January 8, 1941 · 141 Tex. Crim. 189

URL: https://www.frixlaw.com/law-library/cases/3928735

## Case

- **Full name:** Albert McDowell v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 8, 1941
- **Citations:** 141 Tex. Crim. 189; 147 S.W.2d 806; 1941 Tex. Crim. App. LEXIS 102
- **Precedential status:** Published
- **Opinion:** Addendum by Hawkins
- **Judges:** Beauchamp, Hawkins
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3928735

## Opinion text

ON MOTION FOR REHEARING.
HAWKINS, Presiding Judge.
Appellant’s motion again challenges the sufficiency of the
*193
evidence, apparently on the ground that it is not certain whether he made the remark, “Let’s kill him,” referring to the constable. The facts have been re-examined. Appellant and everyone else present knew that pistols were being fired, which meant killing. We do not understand that appellant’s guilt turns upon the question of putting in his mouth the remark quoted. Appellant was striking deceased on the head immediately after he had been shot and was acting with .those doing the shooting.
The motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3928735. Public record. Not legal advice.