Burton v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Marion. Tried below .before Hon. JOHN L. Sheppard. Appellant was indicted for tbe murder of Matilda Allen, and at bis trial was convicted of murder of tbe second degree, with bis punishment assessed at twenty-five years’ imprisonment in tbe penitentiary. Defendant pleaded guilty.
Read the full summary
Appeal from tbe District Court of Marion. Tried below .before Hon. JOHN L. Sheppard. Appellant was indicted for tbe murder of Matilda Allen, and at bis trial was convicted of murder of tbe second degree, with bis punishment assessed at twenty-five years’ imprisonment in tbe penitentiary. Defendant pleaded guilty. Tbe only evidence introduced was that of J. M. De Ware, wbo testified: “I am sheriff of Marion County, Texas; was sheriff of said county on September 4, 1893. I knew Matilda Allen in her life-time. She is dead. She died from tbe effect of a pistol-shot wound in her bead. I saw her…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was indicted for murder. When tbe cause was called for trial be entered a plea of guilty. Tbe jury found him guilty of murder in tbe second degree, and assessed bis punishment at twenty-five, years in tbe penitentiary.
There are no bills of exception incorporated in tbe record. Attached to tbe motion for a new trial are found tbe affidavits of defendant’s counsel, to tbe effect that be (defendant) is of weak mind and scarcely responsible for his acts. These were supplemented by tbe affidavit of Dr. Stallcup, to tbe effect, that from-an examination of defendant, as…
2Cited by15 opinions
- Harris v. StateCourt of Criminal Appeals of Texas · 1915
- Taylor v. StateCourt of Criminal Appeals of Texas · 1918
- Vance v. StateCourt of Criminal Appeals of Texas · 1932
- Williams v. StateCourt of Criminal Appeals of Texas · 1932
- Castoria v. StateCourt of Criminal Appeals of Texas · 1932
10 more not listed; retrieve them via the Exa API.