Hearne v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grimes. Tried below before Hon. J. M. Smither. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. Appellant was" charged by the indictment with the murder of John Baxter, on the 6th day of July, 1899, by shooting him with a gun. The parties' had worked together as partners in raising a corn crop. They got into trouble over the fodder, and this was the cause of the killing.
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Appeal from the District Court of Grimes. Tried below before Hon. J. M. Smither. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. Appellant was" charged by the indictment with the murder of John Baxter, on the 6th day of July, 1899, by shooting him with a gun. The parties' had worked together as partners in raising a corn crop. They got into trouble over the fodder, and this was the cause of the killing. W. A. Sullivan, a justice of the peace, who held the inquest on the dead body, testified that defendant came to him between 11…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree and his punishment assessed at confinement in the penitentiary for a term of seven years.
The record contains no bill of exceptions. In his motion for new trial appellant complains of the court’s charge, his objection being stated as follows: “The court erred in its charge to the jury, which fact will be
more fully stated by the amendment hereafter to be filed.” The amendment subsequently filed in no particular criticises the charge of the court. The exception to the charge of the court in the original motion is too general to…
2Cited by4 opinions
- Byrd v. StateCourt of Criminal Appeals of Texas · 1912
- Smith v. StateCourt of Criminal Appeals of Texas · 1921
- Gillam v. StateCourt of Criminal Appeals of Texas · 1923
- Ordell v. StateCourt of Criminal Appeals of Texas · 1923