Underwood v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Gavin. Appeal from a conviction for robbery by the use of firearms; penalty, death. The charging part of the indictment is as follows, viz: “On the 9th day of Hovember, in the year of our Lord one thousand eight hundred and ninety-six, in the said county of Harris, in the State of Texas, with force and arms, then and therein and upon Ed.
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Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Gavin. Appeal from a conviction for robbery by the use of firearms; penalty, death. The charging part of the indictment is as follows, viz: “On the 9th day of Hovember, in the year of our Lord one thousand eight hundred and ninety-six, in the said county of Harris, in the State of Texas, with force and arms, then and therein and upon Ed. Sacks; did make an assault; and did then and there by the said assault, and did then and there display a pistol, the said pistol then and there being a deadly weapon, and by…
1Opinion of the Court
DAVID SON", Judge.
Ed Underwood and Joe Burger were convicted of robbery by the use of firearms. Underwood was given the death pen-alt, and Burger a term of ten years in the penitentiary. Both prosecuted an appeal to this court. Since the filing of .the record, however, Burger has withdrawn his appeal, accepted his sentence, and is now undergoing the allotted punishment.
When the case was called for trial, both defendants entered their plea of not guilty. At some subsequent stage of the trial, appellant Burger withdrew his plea of not guilty, and entered a plea of guilty. During the progress of…
2Cited by5 opinions
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- Blanks v. StateCourt of Criminal Appeals of Texas · 1928
- Morrison v. StateCourt of Criminal Appeals of Texas · 1947
- Renn v. StateCourt of Criminal Appeals of Texas · 1911
- Renn v. StateCourt of Criminal Appeals of Texas · 1911