Garner v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with murder in the first degree, committed on the person of one Franz Borning, in Galveston County, Texas, of the 20th of December, 1902. This is the second appeal in this case; the former appealed case will be found reported in 44 Texas Criminal Reports, 572. That case is hereby referred to for a statement of the facts, which are substantially the same as on this appeal.
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.
This is the second appeal, appelleht having been convicted in the lower court once before and the case reversed. Garner v. State, 7 Texas Ct. Rep., 403. The facts appearing in this record are substantially the same as on the former appeal.
Appellant excepted to the charge of the court as to his responsibility for the homicide, and he requested a special instruction on this subject. We have examined the court’s charge on this subject, and the general principles…
2Cases cited1 opinion
- Lynch v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by3 opinions
- Hall v. StateIndiana Supreme Court · 1928
- Black v. StateCourt of Criminal Appeals of Texas · 1912
- Gilford v. StateCourt of Criminal Appeals of Texas · 1908