Cooper v. State

PRENDERGAST, Presiding Judge.

Appellant was indicted and convicted as an accomplice to the murder of Hub Anderson by Frank Butherford on the night of September 25, 1911, and his punishment assessed at ten years in the penitentiary.

This is in effect the second appeal in this case. The first is reported in 69 Texas Crim. Rep., 405, 154 S. W. Rep., 989. A new indictment was found and the trial had in compliance with the opinion in that appeal. The case is stated in that report sufficiently to be understood without making a further statement.

Appellant contends with great earnestness and vigor that…