Barbee v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Runnels. Tried below before Hon. J. 0. Woodward. On an indictment charging him with the murder of one John Woodard, by shooting him with a pistol, appellant was found guilty of murder in the second degree, with his punishment affixed at five 3’ears imprisonment in the penitentiary. In view of the disposition made of this case on appeal, it is unnecessary to give a statement of the facts.
1Opinion of the Court
DAVIDSON, Judge.
When the parties announced ready for trial, the defendant was arraigned, and pleaded not guilty. The jury was then empanelled, and the evidence introduced. At this stage of the proceedings the district attorney was permitted to read the indictment to the jury, 'which, through inadvertence, had not been previously done. Defendant objected, and refused to plead, whereupon the plea of not guilty was entered by the court. The district attorney then offered to reintroduce the evidence, to which defendant objected, upon the ground that it had already been placed before the court and…
2Cited by13 opinions
- Warren v. StateCourt of Criminal Appeals of Texas · 1985
- Essary v. StateCourt of Criminal Appeals of Texas · 1908
- Welch v. StateCourt of Criminal Appeals of Texas · 1983
- Trammell v. StateCourt of Criminal Appeals of Texas · 1969
- Castillo v. StateCourt of Criminal Appeals of Texas · 1976
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