Woodring v. State
Court of Criminal Appeals of Texas
- This is a second'appeal in this case. See Woodring v. The State, 33 Texas Criminal Reports, 26. After the case was reversed on the former appeal, the venue was changed from the county of Fisher to Jones County, on motion of defendant, owing to the fact that Fisher County was sparsley settled, and the case having been once tried in that county, it was wholly improbable that another jury could be obtained.
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- This is a second'appeal in this case. See Woodring v. The State, 33 Texas Criminal Reports, 26. After the case was reversed on the former appeal, the venue was changed from the county of Fisher to Jones County, on motion of defendant, owing to the fact that Fisher County was sparsley settled, and the case having been once tried in that county, it was wholly improbable that another jury could be obtained. At the second trial, in Jones County, appellant was convicted of murder of the second degree, his punishment being assessed at twelve years’ imprisonment in the penitentiary. The facts in…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of murder in the second degree and his punishment assessed at twelve years in the penitentiary; and from the judgment and sentence of the lower court he prosecutes this appeal.
This homicide arose out of a contention or disagreement as to who owned a certain fence. The deceased, Thomas Lowe, claimed the fence. The appellant also claimed the fence. A few seconds before the homicide the deceased was cutting or pulling down the wire fence. Appellant went to him, armed with a pistol, and a difficulty ensued, resulting in the death of the. deceased. In…
2Cited by4 opinions
- Spangler v. StateCourt of Criminal Appeals of Texas · 1900
- Harcrow v. StateCourt of Criminal Appeals of Texas · 1924
- Walker v. StateCourt of Criminal Appeals of Texas · 1913
- Barklay v. StateCourt of Criminal Appeals of Texas · 1919