Walker v. State
Court of Appeals of Texas
Appeal from the District Court of Marion. Tried below before the Hon. W. P. McLean. The charging clause of the indictment in this case reads as follows: “ . . . that one Lee Walker, late of said county, on the 19th day of August, A. D. 1884, and in said county of Marion, did unlawfully, and with his express malice aforethought, kill and murder one James D. Holt, by shooting him with a gun; contrary,” etc.
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Appeal from the District Court of Marion. Tried below before the Hon. W. P. McLean. The charging clause of the indictment in this case reads as follows: “ . . . that one Lee Walker, late of said county, on the 19th day of August, A. D. 1884, and in said county of Marion, did unlawfully, and with his express malice aforethought, kill and murder one James D. Holt, by shooting him with a gun; contrary,” etc. The conviction under this indictment was for murder of the second degree, and the penalty assessed against the appellant was a term of fifty-seven years in the penitentiary. Doctor J. G.…
1Opinion of the Court
White, Pbesiding Judge.
Appellant was tried upon an indictment charging him with the murder of one James D. Holt. His conviction was for murder in the second degree, with the punish*180ment affixed at imprisonment in the penitentiary for a term of fifty-seven years.
A motion to quash the indictment for invalidity was overruled. This indictment is a literal copy of the form for an indictment for murder held by this court to be good in many decisions where its sufficiency was questioned. (Willson’s Grim. Forms, § 388, p. 173, where the authorities are all collated, and notably amongst them see Bean…
2Cases cited3 opinions
- Goddard v. GardnerSupreme Court of Connecticut · 1859
- Holman v. KimballSupreme Court of Vermont · 1850
- Hoffman v. SmithNew York Supreme Court · 1803