Legal Opinion

Gilder v. State

Court of Criminal Appeals of Texas

Decided January 15, 1896No. 871PublishedCited by 7 opinions

Appeal from the District Court of Tyler. Tried below before Hon. Stephen P. West. This appeal is from a conviction for murder in the first degree, the punishment being assessed at imprisonment for life in the penitentiary. On the night of the 11th day of December, 1893, one Polk Phillips, Avas assassinated at his home in Tyler County, Texas. Monroe Jackson Avas indicted for the murder.

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Appeal from the District Court of Tyler. Tried below before Hon. Stephen P. West. This appeal is from a conviction for murder in the first degree, the punishment being assessed at imprisonment for life in the penitentiary. On the night of the 11th day of December, 1893, one Polk Phillips, Avas assassinated at his home in Tyler County, Texas. Monroe Jackson Avas indicted for the murder. Defendant, Gilder, was a witness for the State on Jackson’s trial, and his testimony amounted to a confession that he and Jackson were both present and acted together in the killing. Gilder Avas afterwards…

1Opinion of the Court

HURT, Presiding Judge.

The appellant in this case was tried in the court below under an indictment charging him with murder, was convicted of murder in the first degree, and his punishment assessed at con finement in the penitentiary for life. From the sentence and judgment of the lower court, he prosecutes this appeal. The appellant makes a number of assignments of error in this ease, but there is only one proposition that requires any consideration from us. It appears that one Monroe Jackson was indicted for the murder of the deceased, Polk Phillips; he being the same person for the murder…

2Cases cited1 opinion

  1. The People v. . McMahonNew York Court of Appeals · 1857

3Cited by7 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1920
  2. Calloway v. StateCourt of Criminal Appeals of Texas · 1909
  3. Oliver v. StateCourt of Criminal Appeals of Texas · 1917
  4. Reynolds v. StateCourt of Criminal Appeals of Texas · 1917
  5. Simmons v. StateCourt of Criminal Appeals of Texas · 1916

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