Warthan v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Red River. Tried below before Hon. E. S. Chambers, Special Judge. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The indictment charged appellant with the murder of Barney Gray, on the 22d day of October, 1898, by shooting him with a pistol.
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Appeal from the District Court of Red River. Tried below before Hon. E. S. Chambers, Special Judge. Appeal from a conviction of murder in the second degree; penalty, twenty years imprisonment in the penitentiary. The indictment charged appellant with the murder of Barney Gray, on the 22d day of October, 1898, by shooting him with a pistol. The defendant, Will Warthan, testified as a witness on his own Behalf, and his testimony was as follows, viz.: “I am the defendant in this case. I live at Annona. I knew Barney Gray. He is dead. He was killed by a pistol held in my hand on October 22,'1898,…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted'of murder in the second degree, and his punishment assessed at imprisonment in the •penitentiary for a term of twenty years; and he prosecutes this appeal.
Appellant placed George McBride on the stand as a witness in his Behalf, and after his examination in chief the State asked him in regard to a conversation he had previously had with the district attorney, and , among other things, this question was propounded: “Did jou not tell me [meaning the district attorney] during the last term of this court, and a month or six weeks after Barney Gray was…
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