Cook v. State
Court of Criminal Appeals of Texas
Appellant was charged by the indictment with the murder of T. G. Hargrove, on the 5th day of February, 1901, by shooting him with a pistol. Defendant’s plea of acquittal and former jeopardy was on motion of the county attorney stricken out by the court and not submitted' to the jury. The evidence adduced on the trial of this case as to how and why appellant shot deceased, presented two theories.
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Appellant was charged by the indictment with the murder of T. G. Hargrove, on the 5th day of February, 1901, by shooting him with a pistol. Defendant’s plea of acquittal and former jeopardy was on motion of the county attorney stricken out by the court and not submitted' to the jury. The evidence adduced on the trial of this case as to how and why appellant shot deceased, presented two theories. The State’s evidence tended to show that appellant fired the fatal shot at the deceased with the intention to kill him. Appellant’s evidence tended to show that he fired the shot at George Goodman,…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at ten years confinement' in the penitentiary.
At the April term of the District Court of Parker County, the grand jury returned an indictment against appellant, charging him with having murdered deceased, T. G. Hargrove, by shooting him with a pistol. The same grand jury also returned another indictment against appellant, charging him with the offense of an assault with intent to murder George Goodman, alleging that said assault was committed on the 5th day of February, 1901. On the 27th day of…
2Cases cited12 opinions
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- Airhart v. StateCourt of Criminal Appeals of Texas · 1899
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3Cited by13 opinions
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- State v. HouchinsWest Virginia Supreme Court · 1926
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