# Morse v. State

> Court of Criminal Appeals of Texas · April 12, 1950 · 154 Tex. Crim. 561

URL: https://www.frixlaw.com/law-library/cases/4901730

## Case

- **Full name:** Randall Morse v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 12, 1950
- **Citations:** 154 Tex. Crim. 561; 229 S.W.2d 376; 1950 Tex. Crim. App. LEXIS 2155
- **Precedential status:** Published
- **Opinion:** On rehearing by Graves
- **Judges:** Davidson, Graves
- **Cited by:** 4 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/4901730

## Opinion text

ON MOTION FOR REHEARING.
GRAVES, Judge.
Appellant’s vigorous contention that no malice is shown by the testimony, mainly on account of lack of time to form such malice, is not thought to be sound, especially in the light of the original opinion herein; nor do we find any testimony showing a *565 defense of a trailer home shown herein. Again, we do find that appellant became angry during this trouble and was pretty mad, relatively so, at the time Priddy was shot, as testified to by appellant’s wife.
We think that the conduct of appellant in arming himself and going out of his place of business and shooting the deceased could have been utilized by the jury as evidence of malice if they saw fit to do so.
We think the views expressed in the original opinion correctly disposed of this matter, and the motion for a rehearing is therefore overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4901730. Public record. Not legal advice.