McCandless v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Coryell. Tried below before Hon. J. S. Straughan. Appeal from a conviction of murder in the second degree; penalty, seventeen and one-half years imprisonment in the penitentiary. The indictment charged appellant with the murder of Hill Walton, on the 5th day of March, 1899, by shooting him with a pistol.
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Appeal from the District Court of Coryell. Tried below before Hon. J. S. Straughan. Appeal from a conviction of murder in the second degree; penalty, seventeen and one-half years imprisonment in the penitentiary. The indictment charged appellant with the murder of Hill Walton, on the 5th day of March, 1899, by shooting him with a pistol. All the essential facts adduced in evidence on the trial are stated in the opinion of the court, and the bills of exception which are discussed need no further illustration from the record.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for seventeen and one-half years, and he prosecutes this appeal.
With reference to appellant’s application for continuance, it being his second application, we do not believe the court erred in overruling the same.
Appellant reserved certain bills of exception to the action of the court admitting testimony to the effect that deceased was not in the habit of carrying a pistol, and also that deceased was not in the habit of swearing and using oaths. The court…
2Cases cited8 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Bluman v. StateCourt of Criminal Appeals of Texas · 1893
- Jones v. StateCourt of Criminal Appeals of Texas · 1893
- Alexander v. StateCourt of Criminal Appeals of Texas · 1899
- Morgan v. StateCourt of Criminal Appeals of Texas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Reeves, Gary PatrickCourt of Criminal Appeals of Texas · 2013
- Waldo v. StateCourt of Criminal Appeals of Texas · 1988
- People v. TownesMichigan Supreme Court · 1974
- Elizondo, Jose Guadalupe RodriguezCourt of Criminal Appeals of Texas · 2016
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
51 more not listed; retrieve them via the Exa API.