Cline v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for murder of the second degree, the punishment assessed being ten years’ imprisonment in the penitentiary. In conformity with instructions from the presiding judge in his opinion below, we give the facts in full, as follows: ■ Dave Cunningham, sworn for the State, says: “I know the defendant, Dan Cline, and see him-in court. I knew Spencer Cunningham.
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Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for murder of the second degree, the punishment assessed being ten years’ imprisonment in the penitentiary. In conformity with instructions from the presiding judge in his opinion below, we give the facts in full, as follows: ■ Dave Cunningham, sworn for the State, says: “I know the defendant, Dan Cline, and see him-in court. I knew Spencer Cunningham. He was my brother. He is dead. He was killed in Gonzales County, Texas, on the night of July 28, 1893. On the night before the…
1Opinion of the Court
HUBT, PRESIDING Judge.-
This is a conviction of murder in the second degree. Appellant’s punishment was assessed at confinement in the penitentiary for ten years.
The State’s theory is, that this homicide was committed in pursuance of a conspiracy between Marshall, Tom, and Dan Cline; that one of them killed deceased, and all were present. The testimony for the State makes Marshall the aggressor, and after the first shot Tom and Dan took part in the shooting. It is not known which inflicted the mortal wound. The State introduced in evidence preparation and threats made by .Marshall. To this…
2Cited by4 opinions
- Lagrone v. StateCourt of Criminal Appeals of Texas · 1919
- Stevens v. StateCourt of Criminal Appeals of Texas · 1900
- Baker v. StateCourt of Criminal Appeals of Texas · 1903
- Martinez v. State, Texas Court of Appeals, 4th District (San Antonio)1983