Cudd v. State
Court of Appeals of Texas
- Appeal from the District Court of De Witt. Tried below before Hon. H. C. Pleasants. Under an indictment charging him with the murder of Campbell Taylor, the appellant was convicted of manslaughter, his penalty being affixed at a term of four years in the penitentiary. Ed. Taylor was the first material witness for the State.
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- Appeal from the District Court of De Witt. Tried below before Hon. H. C. Pleasants. Under an indictment charging him with the murder of Campbell Taylor, the appellant was convicted of manslaughter, his penalty being affixed at a term of four years in the penitentiary. Ed. Taylor was the first material witness for the State. He testified, in substance, that he was present and witnessed the difficulty between defendant and Campbell Taylor, in which the latter received the fatal cut. It occurred at a dance at the house of Hugh Means, on or about August '26, 1888. Deceased, who was the…
1Opinion of the Court
White, Presiding Judge.
Defendant made a motion in arrest of judgment which attacked the sufficiency of the indictment, and claimed that it was wholly defective, in “that the said indictment fails to state when Campbell Taylor, with whose murder defendant is attempted to be charged, died.”
The charge as set forth in the indictment is “that Tom Cudd, on or about the 26th day of August, one thousand eight hundred and eighty-eight, and anterior to the presentment of this indictment, in the county and State aforesaid, did then and there unlawfully and with malice aforethought kill and murder.…
2Cases cited1 opinion
- O'Connell v. StateTexas Supreme Court · 1857
3Cited by8 opinions
- Gragg v. StateCourt of Criminal Appeals of Texas · 1945
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Herrington v. StateCourt of Criminal Appeals of Texas · 1914
- Sauls v. StateCourt of Appeals of Texas · 1983
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