Legal Opinion

Fulcher v. State

Court of Criminal Appeals of Texas

Decided December 6, 1893No. 805PublishedCited by 8 opinions

Appeal from the District Court of Knox. Tried below before Hon. W. E. McGill. Appellant was indicted March 28,1893, in the county of Motley, for the murder of A. Beemer, alleged to have been committed on the 7th day of September, 1887. On account of the sparseness of population and difficulty of getting a jury in that county, the venue was changed to the county of Knox.

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Appeal from the District Court of Knox. Tried below before Hon. W. E. McGill. Appellant was indicted March 28,1893, in the county of Motley, for the murder of A. Beemer, alleged to have been committed on the 7th day of September, 1887. On account of the sparseness of population and difficulty of getting a jury in that county, the venue was changed to the county of Knox. At his trial in Knox County appellant was convicted of assault writh intent to murder, the punishment being assessed at seven years in the penitentiary. Defendant moved tbe court to arrest the judgment, because the offense of…

1Opinion of the Court

HURT, PRESIDING Judge.

— On the 28th day of March, 1893, the grand jury of Motley County presented into the District Court an indictment against appellant, which charged him with the murder of A. Beerner, on or about the 7th day of September, 1887, which was about six years before the indictment was presented. Upon the trial on said indictment, appellant was convicted of an assault with intent to murder. Appellant filed and presented his motion in arrest of judgment, because the offense for which he was convicted was barred by the statute of limitation. The motion was overruled.

Upon the…

2Cited by8 opinions

  1. State v. KingWest Virginia Supreme Court · 1954
  2. Letcher v. StateSupreme Court of Alabama · 1909
  3. McKinney v. StateCourt of Criminal Appeals of Texas · 1923
  4. James v. StateCourt of Criminal Appeals of Texas · 1914
  5. Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015

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