Hendricks v. State
Court of Appeals of Texas
Appeal from the District Court of Robertson. Tried below before Hon. J. H. Henderson. This conviction was for murder in the second degree, and the penalty assessed by the verdict was a term of five years in the penitentiary. So far as the facts are involved in the rulings, they are sufficiently stated in the opinion of the court.
1Opinion of the Court
White, Presiding Judge.
Appellant was convicted in the lower court of murder of the second degree.
Two supposed errors are relied upon for a reversal of the judgment. *417The first is that after appellant had closed his testimony the State called a witness in rebuttal, which witness was permitted, over objection of defendant, to testify in full as to all the facts in regard to the homicide from the beginning of the difficulty to its end. The objection was that the said witness, being called in rebuttal, could only legally testify to matters in rebuttal, and could not testify to other independent…
2Cases cited2 opinions
- People v. ThorntonCalifornia Supreme Court · 1888
- People v. TiptonCalifornia Supreme Court · 1887
3Cited by4 opinions
- Peek v. StateCourt of Criminal Appeals of Texas · 2003
- Turpin v. CommonwealthCourt of Appeals of Kentucky · 1910
- Sturgeon v. StateCourt of Criminal Appeals of Texas · 2003
- Stallworth v. StateCourt of Criminal Appeals of Texas · 1945