Benson v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before the Hon. Edward Dwyer. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. The facts of this case will be found in the former appeal, 51 Texas Crim. Rep., 367.
1Opinion of the Court
DAVIDSON, Presiding Judge.
is the second appeal. On This the former trial the jury gave appellant the death penalty. The judgment was reversed, and appellant on the last trial was given twenty-five years confinement in the penitentiary.
The main features of the testimony for the State are practically the same on this as on the former appeal. However, the witnesses for the State were in some respects impeached or contradicted on this trial by their statements on the former trial, showing their testimony to be different on the two trials. The defendant’s case on the trial from which this appeal…
2Cited by3 opinions
- Benson v. StateCourt of Criminal Appeals of Texas · 1909
- Schwartz v. StateCourt of Criminal Appeals of Texas · 1908
- James v. StateCourt of Criminal Appeals of Texas · 1920