Franklin v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bexar. Tried below before Hon. Geo. H. Noonan. The appeal herein is from a conviction for murder of the second degree, with the penalty assessed at a term of fifty years in the penitentiary. This is the second appeal in this case. The first appeal was from a judgment of murder in the first degree, with the penalty assessed at death. Franklin v. The State, 30 Texas Crim.
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Appeal from the District Court of Bexar. Tried below before Hon. Geo. H. Noonan. The appeal herein is from a conviction for murder of the second degree, with the penalty assessed at a term of fifty years in the penitentiary. This is the second appeal in this case. The first appeal was from a judgment of murder in the first degree, with the penalty assessed at death. Franklin v. The State, 30 Texas Crim. App., 628. All the facts on that appeal will be found incorporated in the opinion of the court, and the facts on this second appeal being substantially the same, it is unnecessary to reproduce…
1Opinion of the Court
HURT, Presiding Judge.
This is an appeal from a conviction of murder of the second degree, wherein the penalty was assessed at fifty years in the penitentiary.
This is the second appeal in this case. The former appeal is reported in 30 Texas Criminal Appeals, 628. The evidence there is set ont in full, and being in the main the same upon this appeal, it is not deemed necessary to produce it here.
Upon the question of self-defense, the court charged the jury as follows: “A party may have a perfect right of self-defense though he may not be entirely free from blame or wrong in the transaction. If…
2Cited by17 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1967
- Gray v. StateCourt of Criminal Appeals of Texas · 1908
- Carlile v. StateCourt of Criminal Appeals of Texas · 1923
- Young v. StateCourt of Criminal Appeals of Texas · 1908
- Hall v. StateCourt of Criminal Appeals of Texas · 1901
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