Fleming v. State

RAMSEY, Judge.

Appellant was indicted in the District Court of Dallas County charged with the murder of one C. Hardy by stabbing him, with a knife. He was brought to trial at the January Term, 1908, of the Criminal District Court of said county and on such trial was convicted of murder in the second degree and his punishment assessed at sixteen years confinement in the penitentiary. He now comes, by appeal, to this court and seeks a reversal of the judgment of conviction on several grounds.

The testimony. shows beyond doubt that appellant did strike, wound and kill C. Hardy on the 18th day of…