Bonner v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before Hon. C. L. Cleveland. This conviction was in the second degree for the murder of Joe Sparks, and the penalty assessed by the verdict was a term of five years in the penitentiary.
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Appeal from the Criminal District Court of Galveston. Tried below before Hon. C. L. Cleveland. This conviction was in the second degree for the murder of Joe Sparks, and the penalty assessed by the verdict was a term of five years in the penitentiary. By comparison with the record the brief of the counsel for the appellant, eliminating unimportant matter and avoiding repetition when practicable, is found to summarize the evidence sufficiently and correctly as-follows: James Simmons testified for the State that he saw the shooting of Joe* Sparks by Thomas Bonner, which resulted in the death of…
1Opinion of the Court
WHITE, Presiding Judge.
This appeal is from a judgment of con- . viction for murder of the second degree, the punishment being assessed at five years in the penitentiary.
1. Defendant made a motion in arrest of judgment upon the ground that he had not been served with a copy of the indictment upon which he had been tried, and because the said indictment was the second indictment preferred against him in this case, and was invalid because not sub*229stituted as provided by article 434 of the Code of Criminal Procedure, which prescribes the rule where a previous indictment has been lost or mislaid.…
2Cases cited3 opinions
- Nye v. PeopleMichigan Supreme Court · 1876
- Traylor v. TownsendTexas Supreme Court · 1884
- Powell v. MesserTexas Supreme Court · 1857
3Cited by18 opinions
- State v. MartinezNew Mexico Supreme Court · 1924
- Louis v. State, Texas Court of Appeals, 7th District (Amarillo)2002
- Luster v. StateCourt of Criminal Appeals of Texas · 1911
- Bayer v. StateCourt of Criminal Appeals of Texas · 1923
- State v. MichaelWest Virginia Supreme Court · 1914
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