Abrams v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Freestone. Tried below before Hon. B. S. Gardner, Special Judge. This appeal is from a judgment of conviction for manslaughter, wherein the punishment assessed was five years confinement in the penitentiary. In view of the disposition made of the case by the opinion of the court on this appeal, it becomes unnecessary to give a statement of the facts in the case.
Read the full summary
Appeal from the District Court of Freestone. Tried below before Hon. B. S. Gardner, Special Judge. This appeal is from a judgment of conviction for manslaughter, wherein the punishment assessed was five years confinement in the penitentiary. In view of the disposition made of the case by the opinion of the court on this appeal, it becomes unnecessary to give a statement of the facts in the case. With regard to the matter discussed in the opinion, it appears that Hon. Bufus Hardy, District Judge, was disqualified to sit in the case, and that the parties agreed upon Hon. B. S. Gardner as…
1Opinion of the Court
DAVIDSON, Judge.
As presented by the record, we think this appeal should be disposed of upon the issue of the disqualification of the special presiding judge, Hon. B. S. Gardner.
In support of this issue defendant filed affidavits of several parties, by which it is shown that the judge, as an attorney, at the September Term, 1889, thereof, wrote and presented to the court, in behalf of defendant, an application for a continuance; that on more than one occasion lie had consulted with defendant and the witnesses in reference to the details of the testimony in the case, as well as with interested…
2Cases cited16 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
- Slaven v. WheelerTexas Supreme Court · 1882
- People ex rel. Carrillo v. De la GuerraCalifornia Supreme Court · 1864
- Newcome v. LightTexas Supreme Court · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Gaines v. StateCourt of Criminal Appeals of Texas · 1897
- Summerlin v. StateCourt of Criminal Appeals of Texas · 1913
- In re TaberSouth Dakota Supreme Court · 1900
- Moss v. StateCourt of Criminal Appeals of Texas · 1904
9 more not listed; retrieve them via the Exa API.