Heard v. State
Court of Appeals of Texas
Appeal from the District Court of Harrison. Tried below before the Hon. J. G-. Hazlewood. The appellants in this case were convicted of murder in the first degree, and awarded a life term in the penitentiary, under an indictment which charged them jointly with the murder of A. H. Kinney, in Harrison county, Texas, on the twenty-sixth day of August, 1886. Joseph Scott was the first witness for the State.
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Appeal from the District Court of Harrison. Tried below before the Hon. J. G-. Hazlewood. The appellants in this case were convicted of murder in the first degree, and awarded a life term in the penitentiary, under an indictment which charged them jointly with the murder of A. H. Kinney, in Harrison county, Texas, on the twenty-sixth day of August, 1886. Joseph Scott was the first witness for the State. He testified, in substance, that, on the twenty-sixth day of August, 1886, he found the dead body of A. H. Kinney lying between the rails on the track of the Texas & Pacific Railway. When he…
1Opinion of the Court
White, Presiding Judge,
This appeal is from a conviction of both appellants for the murder of A. H. Kinney, their stepfather, the verdict and judgment being for murder of the first degree, with punishment in the penitentiary for life.
But one bill of exceptions was saved at the trial, and that was as to the sufficiency of the charge of the court to the jury. Murder of the first degree was the only grade of the crime called for by the facts and submitted by the court. Ho special instructions were requested by defendants.
The objection urged to the definition, or, rather, to the application of the…
2Cited by3 opinions
- Whorton v. StateCourt of Criminal Appeals of Texas · 1912
- Wylie v. StateCourt of Criminal Appeals of Texas · 1926
- Bloch v. StateCourt of Criminal Appeals of Texas · 1916