Legal Opinion

Roach v. State

Court of Appeals of Texas

Decided April 28, 1886No. 3892PublishedCited by 5 opinions

Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B. Putman. The conviction in this case was for an assault with intent to murder one H. 0. Poindexter, in Hunt county, Texas, on the fifteenth day of January, 1885. The penalty assessed against the appellant was a term of five years in the penitentiary. H. 0. Poindexter was the first witness for the State.

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Appeal from the District Court of Hunt. Tried below before the Hon. J. A. B. Putman. The conviction in this case was for an assault with intent to murder one H. 0. Poindexter, in Hunt county, Texas, on the fifteenth day of January, 1885. The penalty assessed against the appellant was a term of five years in the penitentiary. H. 0. Poindexter was the first witness for the State. He testified that on the fifteenth day of January, 1885, he was living at the house of Andrew Hefner, in whose employ he had been since late in the year 1884. Hefner lived on the old Slack place, about five miles north…

1Opinion of the Court

White, Presiding Judge.

Appellant had insisted upon a trial. After the state had closed her testimony, which was near noon and the hour for adjournment for dinner, defendant’s counsel asked the court to adjourn so that they might have an opportunity to confer together as to the course to pursue, one of the counsel having just come into the case as the trial began, which request was refused by the court, and they then placed a witness on the stand, and occupied the time until the adjournment for dinner. When the court reconvened they presented a motion to the court for a leave to withdraw the…

2Cited by5 opinions

  1. McDaniel v. StateCourt of Criminal Appeals of Texas · 1921
  2. Berry v. StateCourt of Criminal Appeals of Texas · 1916
  3. Hays v. StateCourt of Criminal Appeals of Texas · 1931
  4. Rogers v. StateCourt of Criminal Appeals of Texas · 1913
  5. State v. ShortSupreme Court of Louisiana · 1908

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