Watson v. State
Court of Appeals of Texas
Appeal from the District Court of Robertson. Tried below before Hon. J. hi. Henderson. The appellant and W. R. Brown were jointly indicted for the murder of M. McCoy, in Eobertson County, Texas, on the 18th day of May, 1888. Being alone upon trial the appellant was convicted of murder in the second degree and his penalty was assessed at a term of eleven years in the penitentiary.
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Appeal from the District Court of Robertson. Tried below before Hon. J. hi. Henderson. The appellant and W. R. Brown were jointly indicted for the murder of M. McCoy, in Eobertson County, Texas, on the 18th day of May, 1888. Being alone upon trial the appellant was convicted of murder in the second degree and his penalty was assessed at a term of eleven years in the penitentiary. Mrs. McCoy, the widow of the deceased, testified for the State that her husband, riding his certain large bald-faced horse, left his home on Head’s Prairie, in Eobertson County, about half-past two o’clock on the…
1Opinion of the Court
Willson, Judge.
It is charged in the indictment that the defendant and one Brown “acted together" in murdering the deceased. The court instructed the jury that “if the defendant, acting by himself, or acting together with one W. R. Brown," etc., killed the deceased, etc. Defendant except.ed to this instruction upon the ground that the indictment did not charge him severally with the commission of the murder, but charged that said murder was committed jointly by Brown and himself, and that therefore said instruction was inapplicable and unwarranted. We do not regard the exception as well…
2Cases cited1 opinion
- Williams v. StateTexas Supreme Court · 1874
3Cited by17 opinions
- Webber v. State, Texas Court of Appeals, 3rd District (Austin)2000
- Martinez v. StateCourt of Criminal Appeals of Texas · 1952
- Gibson v. StateCourt of Criminal Appeals of Texas · 1949
- Pollard v. StateCourt of Criminal Appeals of Texas · 1910
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
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