# Willis v. State

> Court of Criminal Appeals of Texas · April 15, 1914 · 74 Tex. Crim. 16

URL: https://www.frixlaw.com/law-library/cases/3957594

## Case

- **Full name:** Frank Willis v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 15, 1914
- **Citations:** 74 Tex. Crim. 16; 166 S.W. 1172; 1914 Tex. Crim. App. LEXIS 591
- **Precedential status:** Published
- **Opinion:** Dissent by Davidson
- **Judges:** Davidson, Harper
- **Cited by:** 2 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/3957594

## Opinion text

DAVIDSON, Judge
(dissenting).—1. In view of all the facts found in this record, I do not believe conviction for an offense higher than manslaughter is justified. That deceased brought about the separation of appellant and his wife is not debatable. There was no other cause for the trouble attempted to be shown. That deceased perhaps went further than alienation and separation of the parties is justified by the facts. The letter received a few moments before the killing placed his mind beyond cool reflection, and
this is the cause
for the killing, viewed
*24
in the light of other conduct by deceased. Stewart v. State, 52 Texas Crim. Rep., 273 .
2. The defendant was entitled to a charge.. 1st. Submitting insulting conduct affirmatively and separately from circumstances generally. 2nd. Another distinct charge on combination of causes, previous conduct, etc. I do not think the charge was sufficient, nor the verdict justified for murder.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3957594. Public record. Not legal advice.