Elizando v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wilson. Tried below before Hon. George McCormick. Appellant was indicted for the murder of one Michael Birnes, and appeals from a judgment for murder in the first degree, with the penalty assessed at death. Bias Alderett, for the State, testified, through an interpreter: Knew Mr. Birnes.
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Appeal from the District Court of Wilson. Tried below before Hon. George McCormick. Appellant was indicted for the murder of one Michael Birnes, and appeals from a judgment for murder in the first degree, with the penalty assessed at death. Bias Alderett, for the State, testified, through an interpreter: Knew Mr. Birnes. Found him dead, near his house, in Wilson County, Texas, on the evening of the 16th of May, 1892. Deceased was lying on his face, fifty or sixty varas from his house. Went after Mr. Faust, and when we returned we examined the body and found that it had a bullet hole in the…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was indicted for murder committed in the perpetration of robbery. Upon the trial a verdict of guilty was returned by the jury, assessing the death penalty, and from this conviction appellant prosecutes this appeal. The record does not contain an assignment of error, nor have there been briefs filed in this court.
The motion for a new trial attacks the court’s charge, because it fails to instruct the jury that the evidence corroborating the statement of the accomplice must tend directly and immediately to connect the defendant with the offense committed. In this…
2Cited by29 opinions
- Marlow v. StateCourt of Criminal Appeals of Texas · 1976
- Standfield v. StateCourt of Criminal Appeals of Texas · 1919
- Creech v. StateCourt of Criminal Appeals of Texas · 1913
- Holmes v. StateCourt of Criminal Appeals of Texas · 1912
- Williams v. StateCourt of Criminal Appeals of Texas · 1894
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