White v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary. The indictment charged appellant with the murder of Sallie Walker, on the 9th day of August, 1901, by shooting her with a pistol. The opinion states the essential facts sufficiently.
1Opinion of the Court
DAVID SO 1ST, Presiding Judge.
Appellant was convicted of murder in the second degree, and given ten years in the penitentiary.
The charge of the court is criticised in the motion for new trial because the issue of murder in the first degree was submitted. This was not error. It is usually necessary to charge on murder in the first degree, to a complete exposition of the elements of murder in the second degree. Simmons v. State, 23 Texas Crim. App., 653. It may also be stated, in reply to this proposition, that an acquittal was had as to murder in the first degree. Where this is the result,…
2Cited by8 opinions
- Evans v. StateCourt of Special Appeals of Maryland · 1975
- Tripp v. StateCourt of Special Appeals of Maryland · 1977
- Dorsey v. StateCourt of Appeals of Maryland · 1976
- Baker v. StateCourt of Criminal Appeals of Texas · 1920
- Dorsey and Wilson v. StateCourt of Special Appeals of Maryland · 1975
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