Fitzpatrick v. State
Court of Criminal Appeals of Texas
Appellant was indicted in the District Court of Tom Green County, for the murder of F. S. Allen, by shooting him with a pistol, on the 2nd day of September, 1895. The venue was changed to Erath County. The principal facts attendant upon the killing, are fully and sufficiently stated in the opinion. Nor is it necessary to make any additional statement to the statements made in connection with the several points discussed in the opinion.
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Appellant was indicted in the District Court of Tom Green County, for the murder of F. S. Allen, by shooting him with a pistol, on the 2nd day of September, 1895. The venue was changed to Erath County. The principal facts attendant upon the killing, are fully and sufficiently stated in the opinion. Nor is it necessary to make any additional statement to the statements made in connection with the several points discussed in the opinion. The portion of the charge of the court with reference to provoking a difficulty, which was complained of by appellant, is as follows: “On the other hand, if…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the second degree, and given twelve years in the penitentiary; hence this appeal. There is nothing in appellant’s assignment as to the order of court changing the venue from Tom Green County to Erath County. The ground urged is that the order does not show that it was done at a regular term of the District Court of Tom Green County. It has been held that the transcript for the change of venue need not include the caption, showing the term of court at which the order of change of venue was made. See, Wolfforth v. State, 31 Tex. Crim. Rep.,…
2Cases cited3 opinions
- State v. TaylorSupreme Court of Missouri · 1889
- State v. KaiserSupreme Court of Missouri · 1894
- State v. MillerSupreme Court of Iowa · 1880
3Cited by16 opinions
- Sylvester v. StateSupreme Court of Florida · 1903
- Spangler v. StateCourt of Criminal Appeals of Texas · 1900
- Borrer v. StateCourt of Criminal Appeals of Texas · 1918
- Holmes v. StateCourt of Criminal Appeals of Texas · 1912
- Patton v. StateCourt of Criminal Appeals of Texas · 1935
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