Underwood v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried before Hon. E. D. Gavin. Appeal from a conviction for robbery; penalty, fifteen years imprisonment in the penitentiary. The indictment charged appellant and one Joe Burger and one August Otto jointly with committing a robbery, by exhibition of firearms, on the 15th of December, 1895, upon one Joe Levy, and taking from said Levy $18 in money.
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Appeal from the Criminal District Court of Harris. Tried before Hon. E. D. Gavin. Appeal from a conviction for robbery; penalty, fifteen years imprisonment in the penitentiary. The indictment charged appellant and one Joe Burger and one August Otto jointly with committing a robbery, by exhibition of firearms, on the 15th of December, 1895, upon one Joe Levy, and taking from said Levy $18 in money. Appellant made a motion for a change of venue based upon both the statutory grounds, which motion was overruled; but the bill of exceptions to the ruling does not set out the evidence adduced on the…
1Opinion of the Court
DAVIDSOH, Judge.
Appellant was convicted of robbery, and Ms punishment assessed at fifteen years in the penitentiary; hence this appeal.
When his case was called for trial, appellant filed his application for a continuance on account of the absence of Aiken Polkinghorn, H. Polkinghorn, and R. E. Polkinghorn, alleged residents of Harris County. This process was issued on the 31st day of March, 1897. The indictment was returned into court on January 1, 1897. The process was returned on the 12th of April, 1897, not executed. It is apparent that the diligence used was not sufficient. The case was…
2Cited by10 opinions
- Giles v. StateCourt of Criminal Appeals of Texas · 1912
- Gaines v. StateCourt of Criminal Appeals of Texas · 1922
- Stacy v. StateCourt of Criminal Appeals of Texas · 1915
- Burnett v. StateCourt of Criminal Appeals of Texas · 1918
- Furnace v. StateCourt of Criminal Appeals of Texas · 1916
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