Turner v. State

I do not agree that the murder of Anton Kaska and the murder of David Kaska were in law one and the same transaction, act or offense. See Good v. State, 98 Tex.Cr.R. 556, 267 S.W. 505; Augustine v. State, 41 Tex.Cr.R. 59, 52 S.W. 77; Berwick v. State, 120 Tex.Cr.R. 322, 47 S.W.2d 322; Alsup v. State, 120 Tex.Cr.R. 310, 49 S.W.2d 749; Cook v. State, 43 Tex.Cr.R. 182, 63 S.W. 872, and Ashton v. State, 31 Tex.Cr.R. 482, 21 S.W. 48.

The trial court did not err in failing to quash the indictment. See 1 Branch’s Ann. P.C.2d 502, Sec. 526, and cases cited.

The view of the writer is that, when it…