Sharpe v. State
Court of Appeals of Texas
Appeal from the District Court of Fayette. Tried below before the Hon. L. W. Moore. The indictment in this case was joint against the appellant and Walter Seargent and A. L. George, and charged them with the murder of E. Knesek, in Fayette county, Texas, on the 1st day of October, 1884. A severance was had, and, the appellant being alone upon trial, he was found guilty of murder in the first degree, and was awarded the death penalty.
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Appeal from the District Court of Fayette. Tried below before the Hon. L. W. Moore. The indictment in this case was joint against the appellant and Walter Seargent and A. L. George, and charged them with the murder of E. Knesek, in Fayette county, Texas, on the 1st day of October, 1884. A severance was had, and, the appellant being alone upon trial, he was found guilty of murder in the first degree, and was awarded the death penalty. Mrs. Anna Knesek, the widow of the deceased, was the first witness for the State. She testified that the deceased was killed in her presence in Fayette county,…
1Opinion of the Court
OPINION OF WILLSON, JUDGE.
Willson, Judge.
I. This appeal is from a conviction of murder in the first degree, the penalty assessed being death. It is charged in. the indictment that the homicide was committed with “ malice aforethought ” by shooting the deceased with pistols. Evidence was admitted, over the objections of the defendant, which tends strongly to show that the homicide was committed in an attempt by defendant and two others to perpetrate the crime of robbery. After stating in the charge the general statutory definition of murder, the court instructed the jury that all murder…
2Cases cited3 opinions
- Jordan v. StateTexas Supreme Court · 1853
- People v. De La Cour SotoCalifornia Supreme Court · 1883
- Ellison v. KeeseTexas Supreme Court · 1860