Wall v. State
Texas Supreme Court
Appeal from Liberty. Tried below before the Hon. Peter W. Gray. Indictment returned into Court May 30th, 1856, against Daniel M. Wall, appellant, for murder of Middleton A. Praytor. The indictment was in the common law form, not using the words “ premeditated and deliberate.” The killing had taken place after dinner of the 29th May, the day before the indictment was found ; and the defendant had been pursued and immediately arrested.
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Appeal from Liberty. Tried below before the Hon. Peter W. Gray. Indictment returned into Court May 30th, 1856, against Daniel M. Wall, appellant, for murder of Middleton A. Praytor. The indictment was in the common law form, not using the words “ premeditated and deliberate.” The killing had taken place after dinner of the 29th May, the day before the indictment was found ; and the defendant had been pursued and immediately arrested. A copy of the indictment was delivered to the defendant by the Sheriff, the same day on which it was found. June 2nd, special venire summoned, and copy and list…
1Opinion of the CourtWheeler, J.
The application for a continuance manifestly showed no sufficient legal ground to entitle the defendant to a postponement of the trial. It does not appear that he had so much as asked a subpoena for the witness. If he had done this, after the service upon him of the copy of the indictment, for aught that appears, the attendance of the witness might have been procured. But if the witness had been present, his testimony would have been of no avail to the defendant. It was proposed to prove by him mere threats of the deceased; which, if proved, would have been no extenuation of the crime.…
2Cited by17 opinions
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