Fuller v. State
Court of Appeals of Texas
Appeal from the District Court of Van Zandt. Tried below before Hon. Felix J. McCord. Appellant was indicted for the murder of one H. L. Ingraham, and this appeal is from a conviction of murder in the second degree, with punishment assessed at eight years in the penitentiary.
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Appeal from the District Court of Van Zandt. Tried below before Hon. Felix J. McCord. Appellant was indicted for the murder of one H. L. Ingraham, and this appeal is from a conviction of murder in the second degree, with punishment assessed at eight years in the penitentiary. The record discloses that the appellant had been previously tried and convicted in the court below of murder in the second degree, with a punishment affixed at a term of thirty-five years in the penitentiary, but that that conviction had been set aside and a new trial awarded. Very briefly and succinctly stated, the…
1Opinion of the Court
WHITE, Presiding Judge.
This appeal is from a judgment of conviction for murder in the second degree, the penalty being eight years in the penitentiary.
It appears from the record that the defendant had been previously tried and convicted of murder in the second degree, but that judgment had been set aside and a new trial awarded him.
As a preliminary question, we first propose to notice appellant’s contention, which, in effect, was and is, that where an accused has been once tried for murder in the first degree and found guilty of murder in the second degree, and said last judgment is set…
2Cases cited5 opinions
- Johnson v. BrownTexas Supreme Court · 1879
- State v. BalchSupreme Court of Kansas · 1884
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1882
- Harvey v. StateTexas Supreme Court · 1873
- Wood v. ShawIllinois Supreme Court · 1868
3Cited by10 opinions
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Jenkins v. StateCourt of Criminal Appeals of Texas · 1906
- Borrer v. StateCourt of Criminal Appeals of Texas · 1918
- Burnett v. StateCourt of Criminal Appeals of Texas · 1908
- Gray v. StateCourt of Criminal Appeals of Texas · 1910
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