Templeton v. State
Court of Appeals of Texas
Appeal from, the District Court of DeWitt. Tried below before the Hon. H. C. Pleasants. The indictment was for the murder of John Hendley, in DeWitt County, Texas, on September 10, 1876, and the conviction was for murder in the second degree, with twenty years in the penitentiary assessed as punishment.
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Appeal from, the District Court of DeWitt. Tried below before the Hon. H. C. Pleasants. The indictment was for the murder of John Hendley, in DeWitt County, Texas, on September 10, 1876, and the conviction was for murder in the second degree, with twenty years in the penitentiary assessed as punishment. Thomas Lloyd testified, for the State, that the shooting was said to have been done in the Merchants’ Exchange Saloon, the gate to the back lot of which opens upon an alley or vacant space that leads into Church Street. Witness lives on the east corner of this alley, where it connects with…
1Opinion of the CourtEctor, P. J.
The appellant was indicted at the Decem7 ber term, 1877, of the District Court of DeWitt County, for the murder of one John Hendíey. At the June term, 1878, of the same court, he was tried, and convicted of *407murder in the second degree, and his punishment assessed at confinement in the penitentiary for a period of twenty years.
Several errors have been assigned, which we will consider in their order.
1. That the court erred in charging the jury on murder in the second degree. It is contended, on the part of the appellant, that the testimony in the case showed a deliberate murder committed by…
2Cases cited5 opinions
- Mitchell v. BassTexas Supreme Court · 1862
- Baker v. JosephCalifornia Supreme Court · 1860
- Wallace v. Tumlin & StegallSupreme Court of Georgia · 1871
- Lander v. MilesMultnomah County Circuit Court, Oregon · 1868
- Seal v. StateTexas Supreme Court · 1866
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- Walker v. StateTexas Supreme Court · 1883