Legal Opinion

McGee v. State

Court of Criminal Appeals of Texas

Decided June 11, 1892No. 7930PublishedCited by 18 opinions

Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Cavin. Appellant was tried under an indictment charging him with the murder of one James E. Fenn. This is the second time that defendant has been tried under said indictment and convicted of murder in the first degree, the penalty being assessed on both trials at death.

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Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Cavin. Appellant was tried under an indictment charging him with the murder of one James E. Fenn. This is the second time that defendant has been tried under said indictment and convicted of murder in the first degree, the penalty being assessed on both trials at death. An appeal was taken from the first conviction, and the judgment reversed on account of the admission of incompetent and illegal testimony. See McGee v. The State, 29 Texas Ct. App., 596. The evidence, as adduced on the second trial, from which…

1Opinion of the Court

SIMKINS, Judge.

The appellant was tried and convicted for the murder of James E. Fenn, at the April Term, 1891, in the Criminal District Court of Harris County, and his punishment assessed at death, but the judgment was reversed and the cause remanded at the Austin Term, 1891, of this court, because of the admission of improper testimony. 29 Texas Ct. App., 596. At the April Term, 1892, of the Criminal District Court of Harris County, appellant was again tried and convicted, and his punishment again assessed at death, from which judgment he appeals to this court.

1. Appellant complains that the…

2Cited by18 opinions

  1. Pratt v. StateCourt of Criminal Appeals of Texas · 1908
  2. Clark v. StateCourt of Criminal Appeals of Texas · 1909
  3. Freeman v. StateCourt of Criminal Appeals of Texas · 1922
  4. Nami v. StateCourt of Criminal Appeals of Texas · 1924
  5. Gray v. StateCourt of Criminal Appeals of Texas · 1904

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