Legal Opinion

Bell v. State

Court of Criminal Appeals of Texas

Decided December 2, 1893No. 221PublishedCited by 22 opinions

On his trial under an indictment which charged him with the murder of one W. D. Gooch, in Mitchell County, Texas, appellant was convicted, in Nolan County, Texas, where the case had been properly taken by change of venue, of murder in the second degree, his punishment being assessed at thirty years imprisonment in the State penitentiary. In view of the disposition made of the case on this appeal, it is unnecessary to make any general statement.

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On his trial under an indictment which charged him with the murder of one W. D. Gooch, in Mitchell County, Texas, appellant was convicted, in Nolan County, Texas, where the case had been properly taken by change of venue, of murder in the second degree, his punishment being assessed at thirty years imprisonment in the State penitentiary. In view of the disposition made of the case on this appeal, it is unnecessary to make any general statement. The following are the facts relative to the examination of a witness at the trial, while the defendant was absent from the court room, as shown by the…

1Opinion of the Court

DAVIDSON, Judge.

A conviction of murder in the second degree was the result of this trial in the court below, the punishment being assessed at thirty years in the penitentiary.

At about half-past 5 o’clock in the evening, the court announced that a recess would be taken until 7. The defendant was conveyed from the court room to the jail. Counsel for the prosecution announced they desired to examine another witness, then in the court room, which would close the State’s case. After the State had concluded the examination of this witness, and just as counsel for the defense began their…

2Cases cited3 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1892
  2. State v. GreerWest Virginia Supreme Court · 1883
  3. Massey v. StateCourt of Criminal Appeals of Texas · 1892

3Cited by22 opinions

  1. Baltierra v. StateCourt of Criminal Appeals of Texas · 1979
  2. Casias v. StateCourt of Criminal Appeals of Texas · 1973
  3. Lamb v. StateSupreme Court of Florida · 1925
  4. State v. CreaIdaho Supreme Court · 1904
  5. Emery v. StateCourt of Criminal Appeals of Texas · 1909

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