Wallace v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Hon. L. 0. Alexander. The present appeal is the third taken by the appellant from convictions for murder in the second degree, with a term of five years in the penitentiary assessed as the punishment by each of the verdicts.
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Appeal from the District Court of McLennan. Tried below before the Hon. L. 0. Alexander. The present appeal is the third taken by the appellant from convictions for murder in the second degree, with a term of five years in the penitentiary assessed as the punishment by each of the verdicts. In the 7th and the 9th volumes of these Reports, at pages 570 and 299, respectively, the case will be found as reported upon the former adjudications in this court; and in the former of these volumes will be found a condensed statement of the evidence material to the case as then presented. The evidence in…
1Opinion of the CourtHurt, J.
The appellant was tried and convicted for the murder of her infant child, and her punishment assessed at confinement in the penitentiary for the term of five years. The indictment charges that the child was a female. The defendant moved for a new trial upon the ground that the evidence did not support the verdict. We have carefully examined the statement of facts, and found no evidence in support of the allegation “that the infant was a female.”' This averment being descriptive of the child, it must be proven. It is unnecessary to cite authorities upon this proposition; they are almost…
2Cases cited1 opinion
- Steffenbiel v. GiffordSupreme Court of Iowa · 1867