Robbins v. State

PRENDERGAST, Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at ninety-nine years in the penitentiary.

The offense was alleged to have been committed before our murder statuté was changed doing away with the two degrees of murder.

It appears that the appellant has been tried several times. In every instance before this he was convicted of murder in the first degree with the death penalty assessed. This is the second appeal. The first is reported in 73 Texas Crim. Rep., 367. This trial was in accordance with the previous decision herein except two…