Austin v. State
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Samuel Dodge. Appellant was indicted in the Criminal District Court of Harris county, on the 3d of January, 1874, and at the June term, A.n. 1874, upon a plea of not guilty, was found by the jury guilty of murder in the second degree, and his punishment assessed at fifteen years’ imprisonment in the penitentiary.
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Appeal from Harris. Tried below before the Hon. Samuel Dodge. Appellant was indicted in the Criminal District Court of Harris county, on the 3d of January, 1874, and at the June term, A.n. 1874, upon a plea of not guilty, was found by the jury guilty of murder in the second degree, and his punishment assessed at fifteen years’ imprisonment in the penitentiary. On the night of December 21st, 1873, Edward Hughes, then in company with Austin, entered a grocery store in Harris county, both apparently on friendly terms. After drinking together, Hughes sat down on a keg, soon after which Austin…
1Opinion of the CourtReeves, J.
The appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years’ confinement in the penitentiary. He appeals from the conviction, and seeks to reverse the judgment on the grounds stated in his motion for a new trial.
The first and second grounds of the motion for a new trial are not supported by the record. It is not shown by bill of ex-' ception or by the statement of facts, that the charge of the court in the case on trial was read to the jury on the trial of other parties charged with murder, or that the jury were permitted to carry with them, when…
2Cases cited2 opinions
- Johnson v. StateTexas Supreme Court · 1865
- Jack v. StateTexas Supreme Court · 1861
3Cited by15 opinions
- Ross v. McGowenTexas Supreme Court · 1883
- Young Chung v. StateArizona Supreme Court · 1913
- State v. SalversonSupreme Court of Minnesota · 1902
- Bell v. StateCourt of Criminal Appeals of Texas · 1942
- Hallmark v. StateCourt of Criminal Appeals of Texas · 1921
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