Jenkins v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. The jury returned _ a verdict of murder in first degree, and punishment by confinement for life in the penitentiary. The defendant urged a motion for new' trial, because the court erred in the fifth charge given to the jury, in regard to the law, and because the verdict was “ contrary to the law and the testimony.” This motion was overruled, and notice of appeal given.
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. The jury returned _ a verdict of murder in first degree, and punishment by confinement for life in the penitentiary. The defendant urged a motion for new' trial, because the court erred in the fifth charge given to the jury, in regard to the law, and because the verdict was “ contrary to the law and the testimony.” This motion was overruled, and notice of appeal given. The defendant was allowed to, and did, file an amended motion for new trial, for the reason— “ That one of the jurors, Joseph Schuetz, who was impaneled to try…
1Opinion of the Court
Moore, Associate Justice.
We have given this case that consideration which the grave character of the offense of which the appellant is convicted unquestionably demands. But after a full and careful examination of the record, we are forced to the conclusion that it presents no ground for the reversal of the judgment.
There are only two questions presented by the record for which it is claimed the judgment should be reversed. First, it is said the fifth paragraph of the charge given by the court did not sufficiently show the distinction between murder in the first degree and murder in the second…
2Cases cited1 opinion
- Jack v. StateTexas Supreme Court · 1861
3Cited by8 opinions
- State v. BaileySupreme Court of Kansas · 1884
- Latham v. StateCourt of Criminal Appeals of Texas · 1914
- Wood v. StateCourt of Criminal Appeals of Texas · 1918
- Van Syoc v. StateNebraska Supreme Court · 1903
- Somers v. StateCourt of Criminal Appeals of Texas · 1914
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