Bracken v. State
Court of Appeals of Texas
Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. The indictment charges defendant with the murder of James Wright, by shooting said Wright with a gun, on May 13,1889. The conviction is for murder in the second degree; the punishment assessed confinement in the penitentiary for ten years.
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Appeal from the District Court of Cooke. Tried below before Hon. D. E. Barrett. The indictment charges defendant with the murder of James Wright, by shooting said Wright with a gun, on May 13,1889. The conviction is for murder in the second degree; the punishment assessed confinement in the penitentiary for ten years. The evidence and the charge of the court upon the issue of manslaughter are suffi ciently stated in the opinion of the court, rendering it unnecessary that the same should be set forth in this statement. Ho bill of exception to the charge of the court appears in the record. That…
1Opinion of the Court
WHITE, Presiding Judge.
A preliminary motion for a certiorari to perfect and complete the record will be disposed of before we enter upon a discussion of the merits of the case.
Two trials have been had in this case—the first in December, 1889, which resulted in a mistrial, and the second in December, 1890, resulting in a verdict and judgment of murder of the second degree, from which this appeal is being prosecuted.
It appears that on the first trial in 1889 defendant, by his counsel, re*364quested the court to give in charge to the jury four special instructions, which the court refused.
At the…
2Cited by3 opinions
- Hickey v. StateCourt of Criminal Appeals of Texas · 1903
- Doby v. StateCourt of Criminal Appeals of Texas · 1964
- Doby v. StateCourt of Criminal Appeals of Texas · 1964