Whitten v. State
Court of Appeals of Texas
Appeal from the District Court of San Augustine. Tried below before Drury Field, Esq., Special Judge. This conviction is for murder in the second degree, the punishment being five years confinement in the penitentiary. The name of deceased was Frank Giveson, alias Frank Gipson. The opinion states the case as to the facts sufficiently.
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Appeal from the District Court of San Augustine. Tried below before Drury Field, Esq., Special Judge. This conviction is for murder in the second degree, the punishment being five years confinement in the penitentiary. The name of deceased was Frank Giveson, alias Frank Gipson. The opinion states the case as to the facts sufficiently. There are no bills of exception in the record to the charge of the court, nor to the refusal of the court to give the special instruction requested by the defendant.
1Opinion of the Court
WHITE, Presiding Judge.
Appellant was convicted in the court below of murder in the second degree. In his testimony given at the trial he admits that he shot the deceased, Gipson, on Wednesday night, December 10, 1890. He had only known the deceased from the Sunday morning previous, at which time he had hired him to assist him *505in gathering his crop. Deceased appeared to be a tramp, and was a stranger in that neighborhood. He had no effects of any kind except the clothes he had on, which were dirty and ragged. After the appellant had hired him, deceased, by his conversation with one or two…
2Cited by4 opinions
- Ater v. EllisCourt of Appeals of Texas · 1921
- Cline v. StateCourt of Criminal Appeals of Texas · 1947
- Ater v. EllisCourt of Appeals of Texas · 1921
- Leza v. StateCourt of Criminal Appeals of Texas · 1946