Henderson v. State

MORROW, Presiding Judge.

Appellant was convicted of murder, and his punishment fixed at confinement in the penitentiary for a period of five years.

There have been two previous appeals. The judgments of conviction were for the same offense. In the first trial the penalty assessed was confinement in the penitentiary for ninety- nine years. The second trial resulted in a verdict assessing the punishment at forty-five years in the penitentiary. See 89 Texas Crim. Rep. 21, and 92 Texas Crim. Rep. 607.

The facts leading to and attending the tragedy are set out in some detail in the opinions of this…