Josef v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hunt. Tried below before Hon. E. W. Terhune. Appellant was indicted for the murder of one Nicholas, whose Christian name was to the grand jury unknown, by strangling to death with, a cord the said Nicholas. The murdered party was a newly born infant. At the trial defendant pleaded guilty to murder of the second degree, and was convicted of that degree of murder, the punishment being assessed at five years’ imprisonment in the penitentiary.
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Appeal from the District Court of Hunt. Tried below before Hon. E. W. Terhune. Appellant was indicted for the murder of one Nicholas, whose Christian name was to the grand jury unknown, by strangling to death with, a cord the said Nicholas. The murdered party was a newly born infant. At the trial defendant pleaded guilty to murder of the second degree, and was convicted of that degree of murder, the punishment being assessed at five years’ imprisonment in the penitentiary. A jury was impanelled in the case, but it appears from the record that no evidence was introduced, because the…
1Opinion of the Court
DAYIDSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years in the penitentiary. A motion for new trial was granted, whereupon a plea of guilty of murder in the second degree was entered, and under said plea he was awarded a term of five years in the penitentiary. Sentence was pro- nouneed, and this appeal was prosecuted. Many affidavits were filed pro and con as to whether he understood the nature of the plea. We deem it unnecessary to review this question, and, if it were necessary, would hold that he did, under the facts adduced.
There…
2Cited by4 opinions
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