Cooper v. State
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Henry J. Jewett. Indictment for murder of Benjamin J. Fortson. On the night of the 17th of September, 1855, the prisoner and the de-ceased went fire-hunting from the premises of the deceased, and in the night the prisoner returned and reported that the deceased had been shot by some person unknown.
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Appeal from Navarro. Tried below before the Hon. Henry J. Jewett. Indictment for murder of Benjamin J. Fortson. On the night of the 17th of September, 1855, the prisoner and the de-ceased went fire-hunting from the premises of the deceased, and in the night the prisoner returned and reported that the deceased had been shot by some person unknown. The next day the prisoner was arrested, upon the charge of having committed the murder, and lay in prison until the case was called for trial on the 30th of November of the same year. The prisoner made an ineffectual application for a change of…
1Opinion of the CourtWheeler, J.
It cannot be denied that the affidavit for a continuance contains a substantial compliance with the Statute, if the testimony which it discloses was material. In a case where the evidence was direct and positive, circumstances of the character of those mentioned, might not be deemed relevant or material. Yet in a case like the present, depending wholly upon circumstantial evidence, the mind seeks to explore every possible source from which any light, however feeble, may be derived ; and in such a case, it is peculiarly proper that the jury should have before them every fact and circumstance,…
2Cited by14 opinions
- State v. MoxleySupreme Court of Missouri · 1890
- Brown v. StateTexas Supreme Court · 1859
- Masterson v. Harris County Houston Ship Channel Nav. Dist.Texas Commission of Appeals · 1929
- Whorton v. StateCourt of Criminal Appeals of Texas · 1913
- Belcher v. StateCourt of Criminal Appeals of Texas · 1913
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