Barton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Coryell. Tried below before Hon. hr. R. Lindsey. Appeal from a conviction of murder in the first degree; penalty, imprisonment in the penitentiary for life. The deceased Ollie Hearn was killed with a shot gun, pistols and rifle in the night time, within a few hundred yards of appellant’s house, as he was riding along the road.
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Appeal from the District Court of Coryell. Tried below before Hon. hr. R. Lindsey. Appeal from a conviction of murder in the first degree; penalty, imprisonment in the penitentiary for life. The deceased Ollie Hearn was killed with a shot gun, pistols and rifle in the night time, within a few hundred yards of appellant’s house, as he was riding along the road. The shot gun was found at appellant’s house showing that it had been recently cleaned and all signs of recent discharge removed; that the guns and pistols corresponding with those used by the party in the killing were also found in…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the' penitentiary for life.
His third assignment of error complains of the following portion of the court’s charge, to wit: “You are further instructed that under the law of this State a person charged with a crime cannot be convicted upon the evidence of an accomplice or upon the evidence of any number of accomplices, unless the evidence of such accomplices is corroborated by other evidence tending to connect defendant with the commission of the offense charged; and the…
2Cases cited5 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Crenshaw v. StateCourt of Criminal Appeals of Texas · 1905
- Hart v. StateCourt of Criminal Appeals of Texas · 1904
- Garlas v. StateCourt of Criminal Appeals of Texas · 1905
- Jones v. StateCourt of Criminal Appeals of Texas · 1903
3Cited by7 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1909
- Grant v. StateCourt of Criminal Appeals of Texas · 1910
- Wadkins v. StateCourt of Criminal Appeals of Texas · 1910
- Fruger v. StateCourt of Criminal Appeals of Texas · 1909
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1930
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