Legal Opinion

McGrath v. State

Court of Criminal Appeals of Texas

Decided February 12, 1896No. 849PublishedCited by 49 opinions

Appellant, Martin McGrath, was indicted by a grand jury of Tarrant County on the 19th day of January, 1895, for the murder of James Rushing, alleged to have been committed in said county on the 30th day of December, 1894. He was tried on said charge on the 20th day of February, 1895, and found guilty of murder in the second degree, and his punishment assessed at nine years in the penitentiary, and judgment and sentence accordingly.

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Appellant, Martin McGrath, was indicted by a grand jury of Tarrant County on the 19th day of January, 1895, for the murder of James Rushing, alleged to have been committed in said county on the 30th day of December, 1894. He was tried on said charge on the 20th day of February, 1895, and found guilty of murder in the second degree, and his punishment assessed at nine years in the penitentiary, and judgment and sentence accordingly. A concise statement of the essential features of the case, as made by the evidence, is as follows: Deceased was a violent and dangerous man, which fact was well…

1Opinion of the Court

HENDERSON, Judge.

Appellant was tried on an indictment charging him with murder, was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of nine years; and from the judgment and sentence of the lower court he prosecutes this appeal. The appellant made a motion for a continuance on account of the absence of the winesses, Bill Beatty, Sam Green, W. M. Gillen tine and Henry Lennox. The motion was overruled and the defendant excepted. Appellant also made a motion for a new trial on the ground set forth in his application for a…

2Cited by49 opinions

  1. Hicks v. StateCourt of Criminal Appeals of Texas · 1913
  2. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  3. Clayton v. StateCourt of Criminal Appeals of Texas · 1912
  4. Hamblin v. StateCourt of Criminal Appeals of Texas · 1899
  5. Connell v. StateCourt of Criminal Appeals of Texas · 1904

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