Cockrum v. State
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. John Gregg. The appellant was indicted at the Fall Term, 1857, of the District Court of Freestone county, for the murder of William N. Self.
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Appeal from Freestone. Tried below before the Hon. John Gregg. The appellant was indicted at the Fall Term, 1857, of the District Court of Freestone county, for the murder of William N. Self. At the Fall Term, 1858, of the said court, a trial was had upon the indictment, and the following verdict was found by the jury, viz: “We, the jury, find the defendant guilty of murder according to the indictment, assessing the punishment at solitary confinement in the penitentiary, for life.” The defendant moved for a new trial, which was overruled, and he appealed. The questions discussed in the…
1Opinion of the CourtRoberts, J.
The defendant was convicted of murder, and sentenced to solitary confinement, for life, in the penitentiary. The matters of error complained of, arise upon the charge and rulings of the court below. The offence was laid in the indictment, and proved on the trial, to have taken place after the Code went into operation, and before the passage of the amendments to the Code.
There is no evidence in the record, that the court put the defendant upon his election, whether he would be tried under the provisions of the Code, as they originally stood, or under the amendments to the Code. But the charge…
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