Legal Opinion

Border v. State

Court of Criminal Appeals of Texas

Decided April 3, 1918No. 4644Published

Appeal from the District Court of Caldwell. Tried below before the Hon. Frank S, Boberts. Appeal from a conviction of manslaughter; penalty, two years imprisonment in the penitentiary.

1Opinion of the Court

MORROW, Judge.

On an indictment for murder appellant was convicted of manslaughter with punishment assessed at confinement in the State penitentiary for two years.

Appellant made no objection to the court submitting the issue of manslaughter and thereby waived his right to complain of the charge. C. C. P., arts 735 to 743, Act of the Thirty-third Legislature, chap. 138; Vernon’s C. C. P., p. 525, note 61, and cases cited. He takes the position that the verdict is without support in the evidence for the reason that the State’s evidence tended to show assassination, appellant’s evidence…

2Cases cited20 opinions

  1. Taylor v. StateCourt of Criminal Appeals of Texas · 1918
  2. Russell v. StateCourt of Criminal Appeals of Texas · 1898
  3. Beeson v. StateCourt of Criminal Appeals of Texas · 1910
  4. Hyden v. StateCourt of Criminal Appeals of Texas · 1892
  5. Hart v. StateCourt of Criminal Appeals of Texas · 1909

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