Morgan v. State

Court of Criminal Appeals of Texas

Morgan v. State

151 S.W. 1048, 68 Tex. Crim. 607, 1912 Tex. Crim. App. LEXIS 662

CourtCourt of Criminal Appeals of Texas

DecidedDecember 11, 1912

DocketNo. 2123.

StatusPublished

This text of 151 S.W. 1048 (Morgan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morgan v. State, 151 S.W. 1048, 68 Tex. Crim. 607, 1912 Tex. Crim. App. LEXIS 662 (Tex. 1912).

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Opinion

HARPER, Judge.

— Appellant was prosecuted and eonvicted of murder in the first degree, and his punishment assessed at life imprisonment in the penitentiary.

The record is before us without a statement of facts. The appellant in his motion for new trial complains that the court should have submitted the lesser degree of murder than murder in the first degree in his charge. Without a statement of facts we cannot determine whether this should have been done or not, but from the nature of the offense — murder in an attempt to rob — we are inclined to think *608 if the facts were before us we would hold that the court properly only submitted murder in the first degree. There are many other grounds in the motion- for new trial, but in the condition the record is in nothing is presented for us to review.

The judgment is affirmed.

Affirmed.

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HARPER, Judge.

— Appellant was prosecuted and eonvicted of murder in the first degree, and his punishment assessed at life imprisonment in the penitentiary.

The record is before us without a statement of facts. The appellant in his motion for new trial complains that the court should have submitted the lesser degree of murder than murder in the first degree in his charge. Without a statement of facts we cannot determine whether this should have been done or not, but from the nature of the offense — murder in an attempt to rob — we are inclined to think *608 if the facts were before us we would hold that the court properly only submitted murder in the first degree. There are many other grounds in the motion- for new trial, but in the condition the record is in nothing is presented for us to review.

The judgment is affirmed.

Affirmed.

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Bluebook (online)

151 S.W. 1048, 68 Tex. Crim. 607, 1912 Tex. Crim. App. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-state-texcrimapp-1912.