Gonzales v. State
Court of Appeals of Texas
Ajppeal from the District Court of Karnes. Tried below before the Hon. H. C. Pleasants. The prosecution was for the murder of Felipe Melendes, in Karnes County, on December 10,1876, and the conviction was for murder in the second degree, with fifteen years in the penitentiary assessed as punishment. The testimony, of which a synopsis is appended, discloses a case of unusual atrocity.
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Ajppeal from the District Court of Karnes. Tried below before the Hon. H. C. Pleasants. The prosecution was for the murder of Felipe Melendes, in Karnes County, on December 10,1876, and the conviction was for murder in the second degree, with fifteen years in the penitentiary assessed as punishment. The testimony, of which a synopsis is appended, discloses a case of unusual atrocity. Frank Smith, colored, for the • State, testified that on Sunday, the day upon which the injuries were inflicted, a little after noon, he started from the town of Helena to go to Mrs. Jacobs’s place, on the…
1Opinion of the CourtWinkler, J.
The appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years’ confinement in the State penitentiary ; and his motion for a new trial having been overruled, he prosecutes this appeal.
The sixth error assigned is, that the court erred in refusing to compel the district attorney to elect as to which count in the indictment he would try the defendant under, — whether under the one charging the murder to have been done by shooting, or the one charging it to have been done by burning.
It is shown by bill of exceptions that the court was moved to compel this…
2Cases cited1 opinion
- Dalton v. StateCourt of Appeals of Texas · 1878