Legal Opinion

Fendrick v. State

Court of Criminal Appeals of Texas

Decided April 13, 1898No. 1439PublishedCited by 20 opinions

Appeal from the District Court of Falls. Tried below before Hon. Sam B. Scott. Appeal from a conviction for murder in the first degree; penalty, imprisonment for life in the penitentiary. The indictment charged appellant with the murder of B. H. Boyd on the 25th of April, 1897, by shooting him with a rifle. The case is sufficiently stated in the opinion.

1Opinion of the Court

HEHDERSOU, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at imprisonment in the penitentiary for life; hence this appeal.

There are but two questions that require consideration: First, whether or not the court erred in refusing to permit the defendant to ask certain questions of the special veniremen; and second, whether or not the court erred in failing to give the jury a charge on murder in the second degree. A proper discussion of these questions demands a brief statement of the nature of the case.

Appellant was a negro, and had a negro wife.…

2Cited by20 opinions

  1. Swain v. AlabamaSupreme Court of the United States · 1965
  2. Aldridge v. United StatesSupreme Court of the United States · 1931
  3. Abron v. StateCourt of Criminal Appeals of Texas · 1975
  4. State v. HiggsSupreme Court of Connecticut · 1956
  5. Moore v. StateCourt of Criminal Appeals of Texas · 1907

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