Legal Opinion

Newton v. State

Court of Criminal Appeals of Texas

Decided March 21, 1900No. 2125PublishedCited by 4 opinions

Appeal from the Criminal District Court of Dallas. Tried helow before Hon. Chaeles F. Clint. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of Jim Peel, on the 20th day of January, 1898, by shooting him with a pistol. The following statement of the case, which is substantially correct, is taken from the brief of counsel for appellant.

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Appeal from the Criminal District Court of Dallas. Tried helow before Hon. Chaeles F. Clint. Appeal from a conviction of murder in the second degree; penalty, five years imprisonment in the penitentiary. The indictment charged appellant with the murder of Jim Peel, on the 20th day of January, 1898, by shooting him with a pistol. The following statement of the case, which is substantially correct, is taken from the brief of counsel for appellant. The theory of the prosecution is that the defendant and one George Hammil, acting upon an agreement to kill Jim Peel, went on the 20th of January,…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of five years.

By the witness Hayes, the State was permitted to prove that in the fall of 1897, before this killing, which occurred in January, 1898, George Hammil told witness Hayes that defendant had agreed to pay him (Hammil) $50 to testify as a witness in behalf of Newton’s son in a case then pending in Kaufman County, wherein said Newton’s son Bob was charged with cattle-theft. The bill further recites the evidence shows that neither…

2Cases cited2 opinions

  1. Dungan v. StateCourt of Criminal Appeals of Texas · 1898
  2. Rhodes v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by4 opinions

  1. Pearson v. StateCourt of Criminal Appeals of Texas · 1909
  2. Sorell v. StateCourt of Criminal Appeals of Texas · 1914
  3. Bruner v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  4. Bruner v. United StatesSupreme Court of Oklahoma · 1908

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