Shelton v. State
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Henry Maney. At the March term, 1871, of the District Court for the county •of Guadalupe, the appellant was indicted for the murder of his little daughter, á child only about eleven months old. His trial was had at a subsequent day of the term, when the jury found him guilty of murder in the first degree, and sentence of death was passed upon him, but execution suspended to await the result of his appeal to this court.
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Appeal from Guadalupe. Tried below before the Hon. Henry Maney. At the March term, 1871, of the District Court for the county •of Guadalupe, the appellant was indicted for the murder of his little daughter, á child only about eleven months old. His trial was had at a subsequent day of the term, when the jury found him guilty of murder in the first degree, and sentence of death was passed upon him, but execution suspended to await the result of his appeal to this court. Ho witness was present when, the child came to its death. The defendant and deceased, as well as several of the witnesses,…
1Opinion of the CourtOgden, J.
The appellant in this case was tried and convicted of the murder of his own child, about one year old. The verdict .of the jury was for murder in the first degree, and the judgment entered accordingly; from which judgment the defendant has appealed. The indictment is in the usual form for indictments for murder, and we think it sufficient to sustain the charge; and whether the judgment is for murder in the first or second degree must depend upon the proof, and not upon the peculiar wording of the indictment.
There is no special error pointed out in the charge of the court as given to the jury,…
2Cited by11 opinions
- State v. O'DonnellSupreme Court of Iowa · 1916
- Pigg v. StateTexas Supreme Court · 1875
- State v. CampbellSupreme Court of Iowa · 1931
- Brier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- Tolston v. StateCourt of Criminal Appeals of Texas · 1922
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