Legal Opinion

Bailey v. State

Court of Criminal Appeals of Texas

Decided April 28, 1897No. 1251PublishedCited by 22 opinions

Appeal from the District Court of Falls. Tried below before Hon. S. R. Scott. Appeal from a conviction for murder in the first degree; penalty, imprisonment in the penitentiary for life. Appellant was indicted for the murder of John Childress, on the 21st day of June; 1896, by shooting him with a pistol. There is a statement of facts in the record, but not having been approved by the trial judge, it is not considered [by the court on this appeal.

Read the full summary

Appeal from the District Court of Falls. Tried below before Hon. S. R. Scott. Appeal from a conviction for murder in the first degree; penalty, imprisonment in the penitentiary for life. Appellant was indicted for the murder of John Childress, on the 21st day of June; 1896, by shooting him with a pistol. There is a statement of facts in the record, but not having been approved by the trial judge, it is not considered [by the court on this appeal. The other questions discussed are sufficiently illustrated by the statement in the opinion.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder, and his punishment assessed at a life term in the penitentiary. There is what purports to be a statement of facts in the record, but this is not approved by the trial judge; hence cannot be considered. There were several special instructions requested by appellant, but they were refused by the court. Exception was reserved to this action of the court. In the absence of the statement of facts, there is no error made to appear in the refusal of these instructions. The testimony may not have demanded them. With reference to those charging the…

2Cited by22 opinions

  1. Nelson v. StateCourt of Criminal Appeals of Texas · 1974
  2. Lopez v. StateCourt of Criminal Appeals of Texas · 1961
  3. Ware v. StateCourt of Criminal Appeals of Texas · 1906
  4. Casey v. StateCourt of Criminal Appeals of Texas · 1905
  5. State v. NoelNorth Dakota Supreme Court · 1936

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API