Swain v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below . before Hon. J. K. P. Gillaspie. Appeal from a conviction of murder in the second degree; penalty, ten years imprisonment in the penitentiary. The opinion states the ose.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Upon conviction of murder in the second degree, appellant’s punishment was fixed at confinement in the penitentiary for a term of ten years.
Exception was reserved to the failure of the court to charge upon manslaughter. In this we think there was error. Howard v. State, 23 Texas Crim. App., 265; Bonner v. State, 29 Texas Crim. App., 223; Neyland v. State, 13 Texas Crim. App., 536; Rutherford v. State, 13 Texas Crim. App., 92; Hobbs v. State, 16 Texas Crim. App., 517; McLaughlin v. State, 10 Texas Crim. App., 340. In Neyland’s casé, it was said: “If, on account of the…
2Cases cited4 opinions
- Burrell v. StateTexas Supreme Court · 1857
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- State v. HuffSupreme Court of Missouri · 1901
- Morrison v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by32 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1921
- Pickens v. StateCourt of Criminal Appeals of Texas · 1920
- Bayer v. StateCourt of Criminal Appeals of Texas · 1923
- Bradley v. StateCourt of Criminal Appeals of Texas · 1910
- MacLin v. StateCourt of Criminal Appeals of Texas · 1912
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