Benson v. State

RAMSEY, Judge.

This is the third appeal of this case. On the first trial appellant was convicted of murder in the first degree and his punishment assessed at death, 51 Texas Crim. Rep., 367, 103 S. W. Rep., 911. In this opinion there is a general but fairly correct statement of the facts in the case, which were to some extent, however, qualified on the trial of this case. On the second trial appellant was convicted of murder in the second degree and his punishment assessed at twenty-five years confinement in the penitentiary. The opinion on appeal on this conviction is reported in 54 Texas…