Myers v. State
Court of Appeals of Texas
Appeal from, the District Court of Johnson. Tried below before the Hon. D. M. Prendergast. The indictment and conviction were for the murder of Mrs. Mary Ann Hester, on February 21, 1877, by shooting her with a gun. Thomas J. Myers, who is a half-brother of the appellant, and James M. Bowden, who is a brother-in-law, were separately indicted for the murder.
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Appeal from, the District Court of Johnson. Tried below before the Hon. D. M. Prendergast. The indictment and conviction were for the murder of Mrs. Mary Ann Hester, on February 21, 1877, by shooting her with a gun. Thomas J. Myers, who is a half-brother of the appellant, and James M. Bowden, who is a brother-in-law, were separately indicted for the murder. Mrs. Hester was the step-mother of the appellant and Thomas J. Myers, having been the third and surviving wife of their deceased father, of whose will she and Thomas J. Myers were executors. She married J. A. Hester about six weeks before…
1Opinion of the CourtWinkler, J.
Of the several errors assigned, on account of which it is urged the judgment of the District Court is erroneous and should be reversed, the following appear to be of the most importance and to bear most especially on the right of the appellant to a fair and impartial trial in accordance with the law of the land : —
1. Did the court err in overruling the defendant’s application for a continuance?
2. Was there error in refusing to grant a change of venue ?
3. Were the rights of the defendant to be tried by an impartial jury impaired by the rulings of the court in the formation of the jury ?
4. Did…
2Cases cited4 opinions
- Hyde v. StateTexas Supreme Court · 1856
- People v. VermilyeaNew York Supreme Court · 1827
- Williams v. StateTexas Supreme Court · 1874
- Baldessore v. StephanesTexas Supreme Court · 1864