Moore v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Ad Pate, on the 9th day of September, 1895, by shooting him with a pistol. The indictment contained three counts: (1) Murder; (2) accomplice to murder, and (3) accessory to murder.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Ad Pate, on the 9th day of September, 1895, by shooting him with a pistol. The indictment contained three counts: (1) Murder; (2) accomplice to murder, and (3) accessory to murder. The court submitted only the issue of murder as laid in the first count. The opinion states all the essential facts of the case.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life; hence this appeal.
The testimony for the State shows, substantially, that appellant, Joe Ferguson, Lorran Cady, Jack Nelson, and Jack Moore, a brother of appellant, in 1895 were living in the Indian Territory. The Moores and Cady had formerly lived in Texas, in Llano County. About the 3d of September said parties left the Choctaw Ration, in the Indian Territory, in the vicinity of Coalgate, for Texas. Lou Moore and Jack Nelson left on foot, perhaps a…
2Cases cited1 opinion
- Reddick v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by9 opinions
- State v. BaldwinSupreme Court of Missouri · 1927
- Carlile v. StateCourt of Criminal Appeals of Texas · 1923
- Turman v. StateCourt of Criminal Appeals of Texas · 1906
- Bowen v. StateCourt of Criminal Appeals of Texas · 1904
- Davidson v. StateCourt of Criminal Appeals of Texas · 1956
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