Legal Opinion

Baker v. State

Court of Appeals of Texas

Decided July 1, 1878Published

Appeal from the District Court of Caldwell. Tried below before the Hon. J. P. White. So far as the rulings of this court are concerned, the facts of this case are clearly stated in its opinion. The statement of facts is voluminous, the witnesses numerous, and the testimony conflicting in some important respects; and, as the case stands for trial again, an attempt to detail the evidence is not deemed advisable.

1Opinion of the CourtWinkler, J.

At the April term, 1874, of the District Court of Caldwell County, the appellant was indicted for the murder of F. Augustus Ellison, alleged to have been committed in the county of Caldwell, on January 16, 1869. At the January term, 1875, a trial was had, which resulted in a conviction of murder in the second degree, the punishment being assessed at confinement in the state penitentiary for a period of eight years.

Motions for a new trial and in arrest of judgment were made and overruled, and from the judgment this appeal is prosecuted.

During the process of forming the jury before whom the…

2Cases cited10 opinions

  1. Horbach v. StateTexas Supreme Court · 1875
  2. Beauchamp v. StateIndiana Supreme Court · 1842
  3. State v. PotterSupreme Court of Connecticut · 1846
  4. State v. CameronWisconsin Supreme Court · 1850
  5. Hanks v. StateTexas Supreme Court · 1858

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