Martin v. State
Court of Criminal Appeals of Texas
Appeal from a conviction for murder in the first degree; penalty, death. Appellant, Frank Martin, and Jim Martin were jointly indicted for the murder of Nancy Jane Crocker, by shooting her with a gun, in Wharton County, on the 19th day of May, 1895. Upon his arraignment, the defendant, Frank Martin, who was alone upon trial, a severance having been had, pleaded guilty to the charge in the indictment.
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Appeal from a conviction for murder in the first degree; penalty, death. Appellant, Frank Martin, and Jim Martin were jointly indicted for the murder of Nancy Jane Crocker, by shooting her with a gun, in Wharton County, on the 19th day of May, 1895. Upon his arraignment, the defendant, Frank Martin, who was alone upon trial, a severance having been had, pleaded guilty to the charge in the indictment. This is a companion case to that of Jim Williamson v. State, ante p. 225, and the leading features of the evidence pertaining to the murder, will be found reported in that case. On May 19th,…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment was assessed at death, and he prosecutes this appeal. There is but one bill of exceptions in the record. That is to the failure of the court to charge on accomplices’ testimony. The principal State’s witnesses in this case were John Rickard, Gus Colburn, and Emmett Colburn. Two of them, John Rickard and Gus Colburn, unquestionably participated in the killing of the deceased in such manner as to render them accomplices. As to Emmett Colburn, there is some testimony tending to show that he was an…
2Cited by33 opinions
- Mendez v. StateCourt of Criminal Appeals of Texas · 2004
- Fairfield v. StateCourt of Criminal Appeals of Texas · 1981
- Harris v. StateCourt of Criminal Appeals of Texas · 1915
- Ernster v. StateCourt of Criminal Appeals of Texas · 1957
- Lankford v. StateCourt of Criminal Appeals of Texas · 1923
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