Legal Opinion

Berg v. State

Court of Criminal Appeals of Texas

Decided November 15, 1911No. 1091PublishedCited by 38 opinions

Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Pope. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary.

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Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Pope. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary. The evidence showed that the homicide grew out of a domestic quarrel concerning the children of deceased; that the deceased had been married to defendant’s sister, with whom he had several children when she died; that these children were minors and were left in the custody of defendant’s mother; that deceased married again and lived in Waco, and defendant lived with his mother and_ these children in…

1Opinion of the Court

HARPER, Judge.

In this case appellant, on a trial, • was convicted of murder in second degree and sentenced to five years confinement in the penitentiary.

1. It appears from the record that appellant was indicted, charged with murder, at the June term, 1904, of the District Court of Jefferson County. Thereafter on June 17, 1907, the court on his own motion changed the venue in this cause to Galveston County. A proper transcript was made out and all the papers sent to. Galveston County and docketed in that court. The case was never called for trial in Galveston County, but the county attorney…

2Cited by38 opinions

  1. Oates v. StateCourt of Criminal Appeals of Texas · 1912
  2. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  3. Coffman v. StateCourt of Criminal Appeals of Texas · 1914
  4. Gould v. StateCourt of Criminal Appeals of Texas · 1912
  5. Holmes v. StateCourt of Criminal Appeals of Texas · 1912

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