Gibbs v. State
Court of Criminal Appeals of Texas
Appeal from tbe Criminal District Court of Harris. Tried below before the Hon. C. W. Robinson. Appeal from a conviction of murder; penalty, fifty years imprisonment in the penitentiarjL The opinion states the ease. On question of court’s charge on penalty: New v. State, 34 Texas, 100; Porter y. State, 36 id., 104; Buford y. State, 44 id., 525; Veal y. State, 8 Texas Crim. App., 474; Perez y. State, 8 id., 610; Noftsinger y. State, 7 id., 301; Howard y. State, 35 Texas Crim.
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Appeal from tbe Criminal District Court of Harris. Tried below before the Hon. C. W. Robinson. Appeal from a conviction of murder; penalty, fifty years imprisonment in the penitentiarjL The opinion states the ease. On question of court’s charge on penalty: New v. State, 34 Texas, 100; Porter y. State, 36 id., 104; Buford y. State, 44 id., 525; Veal y. State, 8 Texas Crim. App., 474; Perez y. State, 8 id., 610; Noftsinger y. State, 7 id., 301; Howard y. State, 35 Texas Crim. Rep., 136; Kendall y. State, 55 Texas Crim. Rep., 139. Cit'ed cases in the opinion.
1Opinion of the Court
PRENDERGAST, PRESIDING Judge.
From a conviction of murder with fifty years in the penitentiary as the punishment, appellant prosecutes this appeal.
There is no statement of facts and but one bill of exceptions. The indictment charged that the offense of murder was committed before the ■amendment to our murder statute doing away with the two degrees and. ■fixing a' different penalty for those degrees was in force. Tn so far as the elements of the offense was concerned, the court’s charge was under the old law, but in telling the jury the penalty for murder in the first degree, gave the…
2Cases cited6 opinions
- Echols v. StateCourt of Criminal Appeals of Texas · 1914
- Howard v. StateCourt of Criminal Appeals of Texas · 1895
- Maul v. StateTexas Supreme Court · 1860
- Kendall v. StateCourt of Criminal Appeals of Texas · 1908
- Ybarra v. StateCourt of Criminal Appeals of Texas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Quinney v. StateCourt of Criminal Appeals of Texas · 1919
- Hall v. StateCourt of Criminal Appeals of Texas · 1928