Smith v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grayson. Tried below before Hon. P. B. Muse. On a trial under an indictment charging him with the murder of one James Isbell, by shooting him with a pistol, appellant was convicted of murder in the first degree and his punishment assessed by the verdict and judgment at death.
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Appeal from the District Court of Grayson. Tried below before Hon. P. B. Muse. On a trial under an indictment charging him with the murder of one James Isbell, by shooting him with a pistol, appellant was convicted of murder in the first degree and his punishment assessed by the verdict and judgment at death. The murder was committed by defendant while in the perpetration of robbery, in the village of Bells, a railroad station in Grayson County, between 8 and 9 o’clock, on Wednesday evening, January 14,1891. This most daring murder and robbery were committed in Reasonberg’s saloon, which…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree for the killing of one James Isbell. There were two counts in the indictment—one charging murder upon malice aforethought, and the other a murder committed in the perpetration of robbery.
Appellant’s first bill of exceptions is reserved to the charge of the court, because the court submitted the issue of express malice, when the indictment did not charge that the killing was upon express malice. It is no longer an open question in this State that an indictment charging murder to have been committed with ‘1 malice…
2Cases cited1 opinion
- Leache v. StateCourt of Appeals of Texas · 1886
3Cited by11 opinions
- Gibson v. StateCourt of Criminal Appeals of Texas · 1908
- Oates v. StateCourt of Criminal Appeals of Texas · 1907
- Canon v. StateCourt of Criminal Appeals of Texas · 1910
- Welch v. StateCourt of Criminal Appeals of Texas · 1909
- Stovall v. StateCourt of Criminal Appeals of Texas · 1923
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