Alsup v. State
Court of Criminal Appeals of Texas
In the agreed statement of facts, among other things, it is agreed, “that the testimony shows conclusively, that defendant shot with a gun and killed Bob Thomas, at the time and place that the indictment alleges; the said defendant killed Robert Thomas, and the alleged killing was on implied malice.”
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and given twenty-five years in the penitentiary. The indictment charged that appellant murdered Robert Thomas. Upon the trial a number of witnesses swore that the deceased’s name was Bob Thomas. There was no proof that he bore the name of Robert. Counsel for the appellant contends that the evidence fails to support the allegation that the defendant killed Robert Thomas—that proof that his name was Bob will not suffice. Upon the trial the State introduced as a witness Hon. S. F. Grimes, the presiding judge, who swore that…
2Cases cited1 opinion
- Walter v. StateIndiana Supreme Court · 1886
3Cited by5 opinions
- Ex Parte ElliottCourt of Criminal Appeals of Texas · 1976
- Sanderson v. StateAlabama Court of Appeals · 1937
- Evans v. StateCourt of Criminal Appeals of Texas · 1974
- Perez v. Territory of ArizonaArizona Supreme Court · 1912
- Scott v. StateCourt of Appeals of Texas · 1992