Gerard v. State
Court of Criminal Appeals of Texas
Appeal from the District- Court of McLennan. Tried below before the Hon. Eichard I. Munroe. Appeal from a- conviction of murder as an accomplice; penalty, five years imprisonment in the penitentiary. On question of insufficiency of the evidence; to show that defendant advised or conspired with the principal to commit the homicide: Cooper y. State, 69 Texas Crim.
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Appeal from the District- Court of McLennan. Tried below before the Hon. Eichard I. Munroe. Appeal from a- conviction of murder as an accomplice; penalty, five years imprisonment in the penitentiary. On question of insufficiency of the evidence; to show that defendant advised or conspired with the principal to commit the homicide: Cooper y. State, 69 Texas Crim. Eep., 405. Upon question of right of principal to kill the deceased while fleeing from theft or burglary: Whitten v. State, 29 Texas Crim. App., 504, .and cases cited in the opinion. Upon question of exculpatory statements: Pharr v.…
1Opinion of the Court
Appellant was charged with and convicted of being an accomplice to Joe Gerard. The case is one of homicide.
The theory of the State was, Joe Gerard did the killing, and that appellant, his father, was his advising accomplice before the homicide, not being present nor participating in the killing. In order to sustain the verdict of the jury and judgment of the court it was necessary to show that Joe Gerard was guilty of murder, and that his father advised him before the killing not only to do the killing, but that such killing under the advice would be murder. It was necessary, therefore, that…
2Cases cited5 opinions
- Gilbraith v. StateTexas Supreme Court · 1874
- Hardin v. StateCourt of Criminal Appeals of Texas · 1899
- Cook v. StateCourt of Criminal Appeals of Texas · 1913
- Bradley v. StateCourt of Criminal Appeals of Texas · 1910
- Bryan v. StateCourt of Criminal Appeals of Texas · 1906
3Cited by1 opinion
- Roberson v. StateCourt of Criminal Appeals of Texas · 1972