Cline v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment being assessed at imprisonment for twenty-five years in the penitentiary. Appellant, together with his brothers, Tom and Dan Cline, was jointly indicted for the murder of Spencer Cunningham, jn the County of Gonzales, on the 28th day of January, A. D. 1893. There was a severance, and Dan Cline was first tried and convicted; and his case, on appeal, will be found, as Cline v. State, 33 Tex. Crim.
Read the full summary
This appeal is from a conviction for murder in the second degree, the punishment being assessed at imprisonment for twenty-five years in the penitentiary. Appellant, together with his brothers, Tom and Dan Cline, was jointly indicted for the murder of Spencer Cunningham, jn the County of Gonzales, on the 28th day of January, A. D. 1893. There was a severance, and Dan Cline was first tried and convicted; and his case, on appeal, will be found, as Cline v. State, 33 Tex. Crim. Rep., 482. The case of Tom Cline v. State, will be found in 34 Tex. Crim. Rep., 347. The essential facts in this case…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was had for murder in the second degree. - The State, over appellant’s objection, introduced before the jury the written evidence of one Monroe, taken on the examining trial of appellant under a charge for the same offense of which he was in this case convicted. As a predicate for the introduction of this testimony, the death of the witness was piroved. The objection urged was that the accused “shall be confronted with the witnesses against him,” as guarantied by Sec. 10 of the Bill of Rights of the Stajje Constitution. The testimony was admitted, presumably…
2Cases cited15 opinions
- Lake County v. RollinsSupreme Court of the United States · 1889
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Elliott v. StateSupreme Court of Georgia · 2019
- Travelers Insurance v. MarshallTexas Supreme Court · 1934
- Kardy v. SHOOK, J.Court of Appeals of Maryland · 1965
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
35 more not listed; retrieve them via the Exa API.