Cain v. State
Court of Criminal Appeals of Texas
Appeal "from the District Court of Anderson, on change of venue from Henderson County. Tried below before Hon. A. D. Lipscomb. Appeal from a conviction of accomplice to murder; penafty, imprisonment for life in the penitentiary. The indictment, in two counts, charged appellant as an accomplice to the murder of Jim Humphries.
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Appeal "from the District Court of Anderson, on change of venue from Henderson County. Tried below before Hon. A. D. Lipscomb. Appeal from a conviction of accomplice to murder; penafty, imprisonment for life in the penitentiary. The indictment, in two counts, charged appellant as an accomplice to the murder of Jim Humphries. First count charges Joe and Walter Wilkerson and John Greenhaw with the murder of Jim Humphries, by hanging him with a rope to a tree, in Henderson County, on the 33d day of May, 1899; and that Ed. Cain, prior thereto, in Henderson County, on the 33d day of March, 1899,…
1Dissent
HENDERSON, Judge.
I dissent from the views expressed by the majority of the court, upon the following grounds:
Appellant insists that the court should have charged, as to the meeting on Sanders’ Branch, on Sunday night, of the defendant with Wilkerson and others, the principals in the homicide, that if said meeting was not for the purpose of hanging the Humphries, but merely for the purpose of co-operating with the officers to search for Patterson, the alleged murderer of Rhodes, to acquit appellant of being an accomplice in the homicide. His contention is based on the testimony of State’s…
2Cases cited2 opinions
- Harrell v. StateCourt of Criminal Appeals of Texas · 1898
- Cravey v. StateCourt of Criminal Appeals of Texas · 1896