Addison v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. J. K. P. Gillaspie. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by indictment with the murder of Helen Pendleton, on the 16th day of December, 1901, by striking, beating, cutting -and bruising her'with an ax. o The parties to the homicide were negroes.
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Appeal from the Criminal District Court of Harris. Tried below before Hon. J. K. P. Gillaspie. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by indictment with the murder of Helen Pendleton, on the 16th day of December, 1901, by striking, beating, cutting -and bruising her'with an ax. o The parties to the homicide were negroes. The deceased, a short time before the killing, had sold a place she owned for some $700. She and defendant vrere married at 11 o’clock the night she was killed. On the afternoon of the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the
first degree, and his punishment assessed at confinement in the penitentiary for life.
There is no bill of exceptions in the record. The only question raised is as to a variance claimed between the name of the deceased, ás alleged in the indictment, and the name proven. The indictment charges the name of the deceased as Helen Pendleton. The proof showed that she had lived a long time, perhaps all her life, in that neighborhood, and was then about 60 years old; her maiden name was Helen Pendleton, by which she was universally known. On…
2Cases cited1 opinion
- Carter v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by2 opinions
- Burke v. United StatesCourt of Appeals for the Ninth Circuit · 1932
- Graham v. StateCourt of Criminal Appeals of Texas · 1916