Garner v. State
| Decision Date | 09 December 1893 |
| Citation | 24 S.W. 420 |
| Parties | GARNER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Bell county; W. A. Blackburn, Judge.
Amos Garner was convicted of murder in the first degree, and appeals. Affirmed.
John M. Furman and W. W. Hair, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.
Appellant was convicted of murder in the first degree, and his punishment assessed at imprisonment for life, from which he appeals. The evidence conclusively shows that on the night of the 31st December, 1887, appellant killed Minnie Williams by shooting her through the head. They were both negroes. The said Minnie was appellant's mistress. The theory of the state was that the act was a deliberate murder, induced by jealousy and revenge. The theory of the defense was an accidental homicide; that appellant was whirling the pistol in play when it accidentally fired. No one was present at the killing. One witness had only left them a minute or two before the pistol fired, and ran back, and found Minnie lying before the fire, her feet in the fire, and appellant gone. He was not arrested until August, 1893.
The charge of the court is an admirable presentation of the law of the case. The charge on the theory of the defense was clear, concise, and comprehensive. There was no necessity of instructing on the various grades and punishments of accidental homicide. If there was no murder in the case, the appellant should be acquitted, and the court so charged the jury. We cannot see how the appellant can complain of this omission. It was for his benefit. Green's Case, 27 Tex. App. 244, 11 S. W. 114. The evidence fully sustains the verdict that it was a cold-blooded murder.
2. As to the remarks of the district attorney, if they were objectionable, the counsel should have asked special instructions to the jury to disregard them. Hardy's Case, 31 Tex. Crim. R. 289, 20 S. W. 561; Jackson's Case, 31 Tex. Crim. R. 344, 20 S. W. 921. Judgment affirmed.
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