Marshall v. State
Court of Criminal Appeals of Texas
The main State’s witness substantially testified as follows: That on the night of the homicide he had been opossum hunting with defendant and deceased, the latter being defendant’s brother-in-law; that they had all been drinking freely from a bottle of whisky, and before proceeding very far, concluded to return and go to the house of deceased; that while there some wordy altercation occurred between defendant and deceased, who had, up to that time, been friendly; that the…
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The main State’s witness substantially testified as follows: That on the night of the homicide he had been opossum hunting with defendant and deceased, the latter being defendant’s brother-in-law; that they had all been drinking freely from a bottle of whisky, and before proceeding very far, concluded to return and go to the house of deceased; that while there some wordy altercation occurred between defendant and deceased, who had, up to that time, been friendly; that the witness concluded to go to his home with his wife and children; that defendant said, “Hold on; I am going that way,” and…
1Opinion of the Court
HARPER, Judge.
Appellant was convicted of murder and his punishment assessed at ten years confinement in the State penitentiary, from which judgment he prosecutes this appeal.
We do not deem it necessary to discuss those bills of exception which contended that the court erred in overruling his application for a continuance, and in refusing to grant a new trial on account of newly discovered testimony. The testimony will not be newly discovered on another trial, and if he desires the attendance of the witnesses on account of whose absence he sought a continuance, and those whom he says will…
2Cases cited4 opinions
- Davis v. StateCourt of Criminal Appeals of Texas · 1908
- Wright v. StateCourt of Criminal Appeals of Texas · 1911
- Hurley v. StateCourt of Criminal Appeals of Texas · 1895
- Thompson v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by22 opinions
- Paulson v. StateCourt of Criminal Appeals of Texas · 2000
- Marquez v. StateCourt of Criminal Appeals of Texas · 1987
- Whitson v. StateCourt of Criminal Appeals of Texas · 1973
- Rodriguez v. State, Texas Court of Appeals, 3rd District (Austin)2002
- Edwards v. StateCourt of Criminal Appeals of Texas · 1934
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