Legal Opinion

Conner v. State

Court of Appeals of Texas

Decided May 21, 1887No. 5466PublishedCited by 4 opinions

Appeal from the District Court' of Wheeler. Tried below before the Hon. Frank Willis. The appellant in this case was convicted in the second degree under an indictment charging him with the murder of Bent Blackburn, in Wheeler county, Texas, on the thirteenth day of February, 1887. The penalty imposed was a term of five years in the penitentiary.

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Appeal from the District Court' of Wheeler. Tried below before the Hon. Frank Willis. The appellant in this case was convicted in the second degree under an indictment charging him with the murder of Bent Blackburn, in Wheeler county, Texas, on the thirteenth day of February, 1887. The penalty imposed was a term of five years in the penitentiary. Henry White, the first witness for the State, testified, in substance, that he was in the barracks at Fort Elliot, Texas, on the night of February 13, 1887. About seven o’clock on that night witness heard three shots fired a short distance off. He…

1Opinion of the Court

White, Presiding J udge.

On the trial, as a predicate for the introduction of the written testimony of the witness Auger, given at the examining trial of the defendant, and to show that said witness was beyond the jurisdiction of the court, the State proved by Major C. H, Carleton that he, the witness, was acquainted with Auger, who was, at the time of said examining trial, a lieutenant in Company F, Twenty-fourth United States infantry, and temporarily stationed at Fort Elliot, in Texas, which fort was under the command of the said witness Carleton. That “Company F, Twenty-fourth infantry,”…

2Cases cited5 opinions

  1. Edmondson v. StateTexas Supreme Court · 1874
  2. Matteson v. NoyesIllinois Supreme Court · 1861
  3. Williams v. BrickellMississippi Supreme Court · 1859
  4. Sanders v. StateTexas Supreme Court · 1874
  5. Benavides v. StateTexas Supreme Court · 1869

3Cited by4 opinions

  1. State v. McKnightNew Mexico Supreme Court · 1915
  2. Durham v. ScrivenerCourt of Appeals of Texas · 1923
  3. Burchfield v. StateCourt of Criminal Appeals of Texas · 1972
  4. Durham v. ScrivenerCourt of Appeals of Texas · 1923

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