Blain v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of Gonzales. Tried below before Hon. M. KbNNON, Special Judge. In January, 1892, Boger Blain, this appellant, and J. N. Blain and Otho Askey were jointly indicted for the murder of G. C. Barber. There was a severance by the defendants, and Boger Blain, the appellant, having been put upon trial, was convicted of murder in the second degree, the punishment affixed being five years in the State penitentiary.
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Appeal from tbe District Court of Gonzales. Tried below before Hon. M. KbNNON, Special Judge. In January, 1892, Boger Blain, this appellant, and J. N. Blain and Otho Askey were jointly indicted for the murder of G. C. Barber. There was a severance by the defendants, and Boger Blain, the appellant, having been put upon trial, was convicted of murder in the second degree, the punishment affixed being five years in the State penitentiary. That case was appealed to the Court of Appeals and the judgment was reversed. 30 Texas Crim. App., 702. After the reversal of that case, to wit, in July, 1892,…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at five years in the penitentiary.
1. The appellant complains that the court erred in excluding the testimony of Dr. McCaleb as to his expert opinion of the position of the arm of the deceased at the time of receiving the fatal shot. There was no error. This question has been several times passed upon by the courts of this State. Williams’ case, 30 Texas Crim. App., 447; Cooper’s case, 23 Texas, 331; Coyle’s case, 31 Texas Crim. Rep., 607; Thompson’s case, 30 Texas Crim. App., 328; 8 Crim. Law…
2Cases cited3 opinions
- Burrell v. StateTexas Supreme Court · 1857
- Cooper v. StateTexas Supreme Court · 1859
- Coyle v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by18 opinions
- Eacock v. StateIndiana Supreme Court · 1907
- Mays v. StateCourt of Criminal Appeals of Texas · 1978
- Richards v. StateCourt of Criminal Appeals of Texas · 1908
- Hays v. StateCourt of Criminal Appeals of Texas · 1921
- Morton v. StateCourt of Criminal Appeals of Texas · 1902
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