Walker v. State
Court of Appeals of Texas
Appeal from the District Court of Colorado. Tried below before Hon. George McCormick. This conviction was in the first degree for the murder of Jim Walker, the penalty assessed being a life term in the penitentiary.
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Appeal from the District Court of Colorado. Tried below before Hon. George McCormick. This conviction was in the first degree for the murder of Jim Walker, the penalty assessed being a life term in the penitentiary. Stated in brief, the proof shows that the defendant and the deceased, being fellow-laborers at a gravel pit in Colorado County, had a dispute and a rock fight on the afternoon of April 23, 1889; that several hours later, while the deceased was seated at a table eating his supper, the defendant, holding a scraper handle secreted behind him, stealthily approached the deceased from…
1Opinion of the Court
White, Presiding Judge.
This is a second appeal by appellant to this court. His first was from the refusal of bail on his examining trial. On the appeal in that case it was agreed that appellant was guilty of murder of the first degree, but that he was under seventeen years of age when he committed the murder. It was held that murder of the first degree committed by a person under the age of seventeen years is not a capital offense under express provision of article 35 of our Penal Code, and is therefore bailable. Ex Parte Walker, ante, 246.
1. Upon the return of this indictment into court by…
2Cited by18 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1970
- Cæsar v. StateSupreme Court of Georgia · 1907
- Batten v. StateCourt of Criminal Appeals of Texas · 1976
- Cockrell v. StateCourt of Criminal Appeals of Texas · 1938
- Ex Parte ContellaCourt of Criminal Appeals of Texas · 1972
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