Parker v. State
Court of Appeals of Texas
Appeal from the District Court of Fannin. Tried below before the Hon. D. H. Scott. This is the appellant’s second appeal from a conviction for manslaughter under an indictment which charged him with the •murder of John Webb, in Fannin county, Texas, on the fourteenth day of December, 1883. A term of two years in the penitentiary was the penalty assessed against him.
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Appeal from the District Court of Fannin. Tried below before the Hon. D. H. Scott. This is the appellant’s second appeal from a conviction for manslaughter under an indictment which charged him with the •murder of John Webb, in Fannin county, Texas, on the fourteenth day of December, 1883. A term of two years in the penitentiary was the penalty assessed against him. The evidence adduced upon this trial was substantially the same as that adduced upon the previous trial, which will be found set out in full in the report of the former appeal, commencing on page 72 of the eighteenth volume of…
1Opinion of the Court
Willson, Judge.
I. It is objected to the charge of the court 'that it explains the elements of murder in both degrees, when the defendant was on trial for manslaughter only, having on a previous trial been acquitted of murder. It is well settled that when a defendant is tried for the higher grade of an offense, and is convicted of a lower grade, the conviction operates as an acquittal of all grades of the offense higher than the one of which he is convicted, and he can not again be tried for such higher grades. (Lopez v. The State, 2 Texas Ct. App., 204; Cheek v. The State, 4 Texas Ct. App.,…
2Cases cited2 opinions
- Jones v. StateTexas Supreme Court · 1854
- Stanfield v. StateTexas Supreme Court · 1875
3Cited by5 opinions
- Borrer v. StateCourt of Criminal Appeals of Texas · 1918
- West v. StateSupreme Court of Florida · 1908
- Burnett v. StateCourt of Criminal Appeals of Texas · 1908
- Gray v. StateCourt of Criminal Appeals of Texas · 1910
- People v. BennettCalifornia Supreme Court · 1897