Blain v. State
Court of Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. George McCormick. Appellant was jointly indicted with J. N. Blain and Otho Askey for the murder of G. C. Barber, and upon his motion a severance was had and he was tried alone. The trial resulted in his conviction of murder in the second degree, the punishment being assessed at five years in the penitentiary. The essential facts of the case are sufficiently stated in the opinion of the court.
1Opinion of the Court
HURT, Judge.
This is a conviction for murder in the second degree, with the punishment fixed at five years in the penitentiary.
Appellant was jointly indicted with one J. N. Blain and Otho Askey for the murder of G. 0. Barber. There was severance, and appellant was first tried, resulting as we have stated above. J. if. Blain, the brother of appellant, shot and killed Barber "under the following circumstances: About noon of the day of the homicide Otho Askey stated to Barber that he (Barber) had stated that he was going to take a buggy whip and wear his rump out. Barber stated that the man who…
2Cited by7 opinions
- Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
- Mayfield v. StateCourt of Criminal Appeals of Texas · 1986
- Forbes v. StateCourt of Criminal Appeals of Texas · 1974
- Washmood v. United StatesCourt of Criminal Appeals of Oklahoma · 1913
- Nothaf v. StateCourt of Criminal Appeals of Texas · 1922
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