Legal Opinion

Pickens v. State

Court of Appeals of Texas

Decided July 1, 1880Published

Appeal from the County Court of Gregg. Tried below before the Hon. L. G. Jackson, County Judge. The opinion and head-notes indicate the material facts. A fine of $100 was the punishment assessed against the appellant.

1Opinion of the CourtHurt, J.

The appellant was convicted for threatening to take the life of R. M. Holcraft. Penal Code, art. 809. From the record it appears that he had been tried and acquitted under an indictment charging him with threatening to take the life of Henry Holcraft.

He pleaded this acquittal to the information. The county, attorney moved to strike out this special plea. The court below sustained the motion of the county attorney; to which the appellant excepted, and saved the point by bill. The question for this court is, Did the court below commit an error in this ruling? We think not. Could the appellant…

2Cases cited1 opinion

  1. Davis v. StateTexas Supreme Court · 1874

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