Williams v. State

<p>Indictment for murder. Before Judge Eelton. Houston superior court. May 3, 1901.</p> <p>Romulus Williams was convicted of the murder of Adam Hunnicutt; and he excepted to the refusal of a new trial. They went to a frolic on the night of December 9, 1900. The defendant accompanied lizzie Ross in going there. Hunnicutt accompanied heron the way home after midnight; and they were followed by defendant and Bob Taylor. As these two overtook them, defendant-shot Hunnicutt in the back, and, as he turned round, shot him in the breast or the side. The defendant made a statement in which he set up, in brief, that Hunnicutt became angry with him for going to the frolic with Lizzie Ross; that when-he overtook them Hunnicutt ran his hand into his pocket after his knife, threatened defendant’s life, and started toward him; and that he shot Hunnicutt in self-defense. There was testimony that Hunnicutt made no attempt to draw a knife, nor did either of the witnesses see him have a knife; but that an open knife was taken from his pocket-after he was killed. The only special assignment of error is, that the court, in stating the contentions of the defendant, used this language: “that he accompanied it with the act of putting his-hand in his pocket as if to draw a weapon, and that it was dark and he (defendant) could hot see whether he was drawing a weapon or not; ” whereas the defendant did not contend that he could not see whether Hunnieutt was drawing a weapon or not.</p>