Ex parte Foster
Court of Appeals of Texas
Appeal from the District Court of Austin. Tried below before the Hon. L. W. Moore. The applicant in this case was charged by bill of indictment with the murder of Nicholas Umiaud, alleged to-have been committed in Austin County, October 13, 1878. Sutton testifies, in substance, that his attention was first called to the difficulty, as he was going to the coffee-stand for a cup of coffee, by hearing some angry words near him, and discovered it was Umland (the deceased) and…
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Appeal from the District Court of Austin. Tried below before the Hon. L. W. Moore. The applicant in this case was charged by bill of indictment with the murder of Nicholas Umiaud, alleged to-have been committed in Austin County, October 13, 1878. Sutton testifies, in substance, that his attention was first called to the difficulty, as he was going to the coffee-stand for a cup of coffee, by hearing some angry words near him, and discovered it was Umland (the deceased) and James Foster (a brother of defendant’s), standing facing each other, when he heard Umland say, “ If that is not…
1Opinion of the CourtWhite, J.
This appeal is from a judgment rendered upon a second application for habeas corpus, refusing bail to applicant. The first application was made and heard before indictment found, and the application in this case after indictment. Applicant’s right to a second writ of habeas corpus was based upon the ground of newly discovered evidence.
Upon the hearing in chambers, the district judge rendered the following judgment, viz.: “It appearing to the court that the evidence introduced by the applicant alleged to be newly discovered was not in fact such evidence, and accordingly not sufficient to…
2Cases cited6 opinions
- McCoy v. StateTexas Supreme Court · 1860
- Ex parte McAnallySupreme Court of Alabama · 1875
- Ex parte AinsworthTexas Supreme Court · 1865
- Ex parte BryantSupreme Court of Alabama · 1859
- Thomas v. StateTexas Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boumediene v. BushSupreme Court of the United States · 2008