Blocker v. State

DAVIDSON, Presiding Judge.

—This is an appeal from a life sentence for murder in the first degree.

1. Applying the law to murder in the second degree, the court charged the jury as follows: “If you believe from the evidence, beyond reasonable doubt, that the defendant, Cornelius Blocker, alias Cornelius Levis, in Navarro County, Texas, on the 2d day of July, 1909, as alleged, with a gun, the same being a deadly weapon, did shoot and thereby kill Steve Levis, as charged in the indictment, you will find him guilty of murder in the second degree, and you will assess his punishment in the State…