Penn v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the first degree, the punishment being assessed at imprisonment for life in the penitentiary. The indictment charged the accused with the murder of James Rayburne alias Jim Ravin, by striking him with a stick and cutting him. with a knife on the 15th day of May, 1895. There is no statement of facts in the record.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree, and given a life sentence in the penitentiary, and prosecutes this appeal. Appellant, besides his plea of not guilty, presented and relied on" a plea of former jeopardy. Said plea set up that the defendant had been tried at a former term of the court by a jury, and entered his plea of not guilty; that said jury had been discharged without his consent, having been together from 12 m., on the 9th of October, 1895, until 9:30 a. m., on the 10th day of October, 1895; that during that time they ate two or three meals, night…
2Cases cited1 opinion
- Wright v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by5 opinions
- State v. BarnesWashington Supreme Court · 1909
- Villarreal v. StateCourt of Criminal Appeals of Texas · 1962
- Michael Larkin v. State, Texas Court of Appeals, 10th District (Waco)2008
- Michael Larkin v. State, Texas Court of Appeals, 10th District (Waco)2008
- Villarreal v. StateCourt of Criminal Appeals of Texas · 1962