Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 356
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356 AUSTIN v. THE STATE. [Term of
Opinion of the Court.
over the face, until he was helpless, after which he went to another
part of the room and from the scales obtained a stout
plank, eighteen inches long and an inch thick, and after
turning Hughes on his face, struck him on the back of the
head twenty or thirty blows with the plank. IHughes was immediately
taken out of the room and in a few minutes died.
The instructions are largely copied from the statute, and contain
no feature which would seem to require their insertion
J. TW. Jones and . 1. .Bently, for appellant, cited the following
cases: Jordan v. The State, 10 Texas, 497; Jones v.
The State, 13 Texas, 186; Amos Adkinson v. The State, 20
Texas, 522; and Maria v. The State, 28 Texas, 698. In the last
case we call special attention to the language on page 710.
See also 5 Yerger, Tenn. Rep., 340; 8 Yerg., 529; 10 Yerg.,
552; 2 Hunmp., 440; 4 Hump., 140; and 9 Hump., 670. Also
Amer. Crime. Law, 574; Law of Homicide, 35; and Ros. Grim.
Frank _J. Spencer, for the State.
REEVES, J. The appellant was convicted of murder in the
second degree, and his punishment assessed at fifteen years'
confinement in the penitentiary. He appeals from the conviction,
and seeks to reverse the judgment on the grounds stated
in his motion for a new trial.
The. first and second grounds of the motion for a new trial
are,not supported by the record. It is not shown by bill of exception
or by the statement of facts, that the charge of the court
in the case on trial was read to the jury on the trial of other
parties charged with murder, or that the jury were permitted
to carry with them, when they retired to consider of their verdict,
papers not connected with the trial of appellant. The
charge of the court has the proper title and number of the case
on trial, and no reference is made to any other party. The
indorsement on the charge, showing the name of another party,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/364/: accessed March 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .