Anderson v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. This appeal is from a conviction for murder of the second degree, with the punishment assessed at five years in the penitentiary. The indictment in this case was filed on March 20,1894, and charged appellant with the murder of one Henry Kirk, in Dallas County, on the 30th day of April, Í883, nearly eleven years prior thereto.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. This appeal is from a conviction for murder of the second degree, with the punishment assessed at five years in the penitentiary. The indictment in this case was filed on March 20,1894, and charged appellant with the murder of one Henry Kirk, in Dallas County, on the 30th day of April, Í883, nearly eleven years prior thereto. Henry Kirk, the deceased, disappeared in the spring of 1883; the last time he was seen he was in company with M. F. Anderson, the defendant, and James Bagley, going to the old…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was tried and convicted for the murder of Henry Kirk, the conviction being for murder of the second degree, with punishment fixed at five years in the penitentiary.
Was the corpus delicti proven? This must be done beyond a reasonable doubt. We proceed to answer the question upon the hypothesis that Janies Bagley was an accomplice to the crime. The corpus delicti can not be proven by the uncorroborated testimony of an accomplice. Hbr can the corpus delicti- be proven alone by the confession of the accused. Must it be proven independently of the confession? This…
2Cases cited2 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Carroll v. PeopleIllinois Supreme Court · 1891
3Cited by22 opinions
- Watson v. StateCourt of Criminal Appeals of Texas · 1950
- Gallegos v. StateCourt of Criminal Appeals of Texas · 1905
- Carr v. StateCourt of Criminal Appeals of Texas · 1953
- Holmes v. StateCourt of Criminal Appeals of Texas · 1913
- Fredrickson v. StateCourt of Criminal Appeals of Texas · 1902
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