Head v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Fannin. Tried below before Hon. E. D. McClellan. Appeal from a conviction for murder in the second degree; penalty, ten years imprisonment in the penitentiary. The indictment charged appellant with the murder of W. W. Lyons, by shooting him with a pistol, on the 7th day of November, A. D. 1897. W. W. Lyons, the deceased, was a son-in-law of defendant.
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Appeal from the District Court of Fannin. Tried below before Hon. E. D. McClellan. Appeal from a conviction for murder in the second degree; penalty, ten years imprisonment in the penitentiary. The indictment charged appellant with the murder of W. W. Lyons, by shooting him with a pistol, on the 7th day of November, A. D. 1897. W. W. Lyons, the deceased, was a son-in-law of defendant. No witnesses were immediately present at the killing, and no one heard what occurred between the parties. Deceased came to defendant’s house with another party while the family were at dinner. They were asked in…
1Opinion of the Court
BROOKS,Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the state penitentiary for a term of ten years, and he prosecutes this appeal.
The first error assigned by appellant is the action of the court in overruling his motion for continuance. Without reviewing the facts that appellant proposed to prove by the absent witnesses, we deem it sufficient to say that the application was not sufficient, and the court did not err in refusing to grant the same.
Appellant’s second assignment of errors complains of the action of the court in…
2Cases cited1 opinion
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Holder v. StateCourt of Criminal Appeals of Texas · 1917
- Bearden v. StateCourt of Criminal Appeals of Texas · 1903
- State v. SquiresIdaho Supreme Court · 1908
- Bennefield v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Pipher v. StateCourt of Criminal Appeals of Texas · 1942
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