Jenkins v. State
Court of Criminal Appeals of Texas
The appellant, Fred Jenkins, and Bee Qualls were each separately indicted by the grand jury of Atascosa County, Texas, for the murder of Mrs. Jane Barber, Wiley Barber and Levi Barber, on the 13th day of September, 1899, in Atascosa County, Texas. B. Qualls turned State’s evidence. Fred Jenkins was twice tried in Atascosa County, Texas, and twice convicted for the murder of Mrs. Jane Barber, the jury each time assessing the death penalty.
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The appellant, Fred Jenkins, and Bee Qualls were each separately indicted by the grand jury of Atascosa County, Texas, for the murder of Mrs. Jane Barber, Wiley Barber and Levi Barber, on the 13th day of September, 1899, in Atascosa County, Texas. B. Qualls turned State’s evidence. Fred Jenkins was twice tried in Atascosa County, Texas, and twice convicted for the murder of Mrs. Jane Barber, the jury each time assessing the death penalty. After the judgment the lower court, the second time the case had been reversed by this court, of its own motion on October 2, 1900, changed the venue of all…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.
The theory of the State is that appellant, in conjunction with his father, Fred Jenkins, and one Bee Qualls, murdered Mrs. Jane Barber (for which he is indicted), and also the two sons, Wiley and Levi Barber, on September 13, 1899; that this was done in pursuance of a previously formed conspiracy between said parties, the motive being gain. The testimony showed that Mrs. Bettie Jenkins (wife of Fred Jenkins) was the only heir of the three persons who were killed; and…
2Cases cited4 opinions
- Brittain v. StateCourt of Criminal Appeals of Texas · 1896
- Carroll v. StateCourt of Criminal Appeals of Texas · 1893
- Gill v. StateCourt of Criminal Appeals of Texas · 1896
- Williford v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by11 opinions
- Moody v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
- Renn v. StateCourt of Criminal Appeals of Texas · 1911
- Ding v. United StatesCourt of Appeals for the Ninth Circuit · 1917
- Garrison v. StateCourt of Criminal Appeals of Texas · 1923
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