Garza v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of an unknown person, in Webb County, on or about the 11th day of April, 1897. A previous trial had resulted in a conviction, with punishment assessed at imprisonment in the penitentiary for life; but a new trial had been granted because the verdict did not find the degree of murder. On the trial from which this appeal is prosecuted defendant pleaded former jeopardy, based upon this prior verdict.
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The indictment charged appellant with the murder of an unknown person, in Webb County, on or about the 11th day of April, 1897. A previous trial had resulted in a conviction, with punishment assessed at imprisonment in the penitentiary for life; but a new trial had been granted because the verdict did not find the degree of murder. On the trial from which this appeal is prosecuted defendant pleaded former jeopardy, based upon this prior verdict. All the essential facts pertaining to the murder will be found in the opinion, and no further statement is required.
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death, and prosecutes this appeal.
Appellant presented what he terms a plea of former jeopardy, and we find in the record the proceedings of a former trial of this case at a former term of the District Court of Webb County. No action appears to have been taken or invoked on this plea. It is insisted, however, that the trial court must take cognizance of proceedings had in the same case, and that it was bound to take judicial cognizance of the former trial, and what was done thereat; and it is…
2Cited by10 opinions
- State v. GarrettSupreme Court of Missouri · 1920
- Carsons v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Herrera v. StateCourt of Criminal Appeals of Texas · 1931
- Marshall v. StateCourt of Criminal Appeals of Texas · 1914
- Burks v. StateCourt of Criminal Appeals of Texas · 1923
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