Burnam v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Wise. J. W. Patterson, Tried below before Hon, Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary.
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Appeal from the District Court of Wise. J. W. Patterson, Tried below before Hon, Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary. The excluded testimony in bills of exception Nos. 1, 2 and 4, was with reference to uncommunicated threats and declarations by deceased, and the testimony admitted under bill Ho. 5 was with reference to State’s witness Taber in rebuttal to certain testimony of the defense as to the position of the deceased at the time of the homicide. The facts in the case are fully reported in the companion case of Boy…
1Opinion of the Court
PRENDERGAST, Judge.
—Appellant was convicted of murder in the second degree and his punishment fixed at ten years in the penitentiary.
This is a companion case, or rather grew out of the same killing of John Hosier by Roy Burnam, recently decided but not yet reported.
Several of the bills of exception present matters that will not occur upon another trial; hence, it is unnecessary to mention or decide them.
1. There was no error in excluding the evidence of the witness Hullinger shown by appellant’s bill of exceptions Ho. 1, nor in excluding the testimony of Dr. Rogers as shown and presented by…
2Cases cited2 opinions
- Eggleston v. StateCourt of Criminal Appeals of Texas · 1910
- Stone v. DorsettTexas Supreme Court · 1857
3Cited by6 opinions
- State v. WilsonWyoming Supreme Court · 1924
- Scelles v. StateCourt of Criminal Appeals of Texas · 1962
- Pizana v. StateCourt of Criminal Appeals of Texas · 1917
- Burman v. StateCourt of Criminal Appeals of Texas · 1912
- Burnam v. StateCourt of Criminal Appeals of Texas · 1912
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