Mendez v. State
Court of Appeals of Texas
Appeal from the District Court of Val Verde. Tried below before Hon. W. Kelso. The murder was committed in the unorganized county of Crockett. The evidence upon which the conviction rests is substantially as follows: S. Perez, a witness for the State, testified that he was chief of police of the town of Garza Galon, Mexico, and as such he arrested the defendant in that town in February, 1891, and placed him in prison there.
Read the full summary
Appeal from the District Court of Val Verde. Tried below before Hon. W. Kelso. The murder was committed in the unorganized county of Crockett. The evidence upon which the conviction rests is substantially as follows: S. Perez, a witness for the State, testified that he was chief of police of the town of Garza Galon, Mexico, and as such he arrested the defendant in that town in February, 1891, and placed him in prison there. Did not then search defendant for weapons, bnt some time thereafter while defendant was still in prison searched him for weapons but found none on his person. Witness then…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of the murder of Frank M. Wilkins, the death penalty assessed by the jury, and judgment was entered in accordance with the verdict.
The court charged the jury that “all murder committed with express; malice is murder in the first degree, and murder committed in the perpetration of robbery is also murder of the first degree.” This charge-was objected to because there was “no fact in evidence warranting the-submission of that issue, and the indictment not charging a murder-committed in the perpetration of robbery.” The indictment charged, the killing upon…
2Cited by14 opinions
- State v. ParkerWashington Supreme Court · 1901
- Serrato v. StateCourt of Criminal Appeals of Texas · 1914
- Holder v. StateCourt of Criminal Appeals of Texas · 1940
- Angley v. StateCourt of Criminal Appeals of Texas · 1896
- Long v. StateCourt of Criminal Appeals of Texas · 1931
9 more not listed; retrieve them via the Exa API.