Legal Opinion

Carter v. State

Court of Criminal Appeals of Texas

Decided April 6, 1896No. 969PublishedCited by 25 opinions

Appeal from the District Court of Falls. Tried below before Hon. S. R. Scott. Appeal from a conviction for manslaughter; penalty, five years’ imprisonment in the penitentiary. Appellant was indicted for the murder of one Louis Reineke, by cutting and stabbing him with a knife, in Falls County, on the 14th of October, 1895. Appellant is a negro and the deceased was a German.

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Appeal from the District Court of Falls. Tried below before Hon. S. R. Scott. Appeal from a conviction for manslaughter; penalty, five years’ imprisonment in the penitentiary. Appellant was indicted for the murder of one Louis Reineke, by cutting and stabbing him with a knife, in Falls County, on the 14th of October, 1895. Appellant is a negro and the deceased was a German. The difficulty began between defendant and one Miesch, a German, and occurred in Radle’s saloon, in the village of Perry. Miesch and other German friends, deceased being one of them, were in the saloon, and about to take a…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of manslaughter,, and his punishment' assessed at imprisonment in the penitentiary for five years, and prosecutes this appeal. Appellant moved the court that the cause be continued for the want of the testimony of Mat Williams, John Breeland, and Henry Lowe Kelton. The affidavit in support of this motion, viewed in the light of the statement of facts in this record,, shows that very important facts could be proved by the absent witnesses. There is no question about the diligence used to secure the attendance of the witnesses. The motion being overruled,…

2Cited by25 opinions

  1. McCandless v. StateCourt of Criminal Appeals of Texas · 1900
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1967
  3. Gray v. StateCourt of Criminal Appeals of Texas · 1908
  4. Black v. StateCourt of Criminal Appeals of Texas · 1912
  5. Bailey v. StateCourt of Criminal Appeals of Texas · 1912

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