Temple v. State
Court of Appeals of Texas
Appeal from the District Court of Cherokee. Tried below before the Hon. Peyton F. Edwards. At the October term, J S'83, of the District Court of Cherokee, the grand jury charged that B. F. Temple, the present appellant, did, on September 3, 1883, feloniously, and of Ins express malice aforethought, kill and murder William Clark. At the same term of the court the case came to trial, and appellant was found guilty of manslaughter.
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Appeal from the District Court of Cherokee. Tried below before the Hon. Peyton F. Edwards. At the October term, J S'83, of the District Court of Cherokee, the grand jury charged that B. F. Temple, the present appellant, did, on September 3, 1883, feloniously, and of Ins express malice aforethought, kill and murder William Clark. At the same term of the court the case came to trial, and appellant was found guilty of manslaughter. A term of four years in the penitentiary was the punishment assessed against him. There was no controversy over the fact of the killing, nor over the fact that it was…
1Opinion of the Court
White, Presiding Judge.
¡No venue having been proven, so far as shown by the record before us, we will bé compelled to reverse the judgment of the lower court. In view of another trial, it may not be amiss to notice certain other questions raised and which are likely to arise again.
1. A sufficient predicate was laid for the introduction of the deceased’s dying declarations, under the statute. (Code Grim. Proc.. Art. 748.) The declarations had been reduced to writing, and when the writing was offered in evidence all that portion of the declaration not relating immediately to the fact of the…
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