Gardener v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hamilton. Tried below before the Honorable J. R. McClellan. Appeal from a conviction of forgery; penalty, two years imprisonment in the penitentiary. The opinion states the case. -On question of confessions: Nolan v. State, 9 Texas Crim. App., 4426; Clark v. State, 207 S.rW. Rep., 98. On question of insanity: Williams v. State, 37 Texas Crim.
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Appeal from the District Court of Hamilton. Tried below before the Honorable J. R. McClellan. Appeal from a conviction of forgery; penalty, two years imprisonment in the penitentiary. The opinion states the case. -On question of confessions: Nolan v. State, 9 Texas Crim. App., 4426; Clark v. State, 207 S.rW. Rep., 98. On question of insanity: Williams v. State, 37 Texas Crim. Rep., 348; Hazelwood v. State, 186 S. W. Rep., 201; Barton v. State, 230 id., 991; Taylor v. State, 227 id., 684. On question of venue: McGlasson v. State, 38 Texas Crim. Rep., 351; Allen v. State, 199 S. W. Rep., 634.
1Opinion of the Court
MORROW, Presiding Judge.
The conviction is for the offense of forgery; punishment fixed at confinement in the penitentiary for a period of two years.
The defense of insanity was interposed upon the evidence of both expert and non-expert witnesses. The State relied upon the testimony of the non-expert witnesses, and the sufficiency of the predicate given by them for the affirmative opinion that the appellant was sane is challenged.
One of these witnesses testified that he had known appellant for eight or ten years; that they had formerly been chums and closely associated together; that his recent…
2Cases cited13 opinions
- Taylor v. StateCourt of Criminal Appeals of Texas · 1918
- Hurst v. StateCourt of Criminal Appeals of Texas · 1898
- Plummer v. StateCourt of Criminal Appeals of Texas · 1920
- Williams v. StateCourt of Criminal Appeals of Texas · 1897
- Turner v. StateCourt of Criminal Appeals of Texas · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Guse v. StateCourt of Criminal Appeals of Texas · 1923
- Upton v. StateCourt of Criminal Appeals of Texas · 1929
- Shields v. StateCourt of Criminal Appeals of Texas · 1926
- Alexander v. StateCourt of Criminal Appeals of Texas · 1928
- Thomas v. StateCourt of Criminal Appeals of Texas · 1924
3 more not listed; retrieve them via the Exa API.