McLaughlin v. State
Court of Appeals of Texas
Appeal from, the District Court of Montague. Tried below before the Hon. J. A. Carroll. The indictment charged the appellant with the murder of one E. 0. Driscoll, on March 15, 1879, by shooting him with a pistol. In June, 1880, the case came to trial and appellant was found guilty of murder in the second degree, and a term of five years in the penitentiary was assessed as his punishment.
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Appeal from, the District Court of Montague. Tried below before the Hon. J. A. Carroll. The indictment charged the appellant with the murder of one E. 0. Driscoll, on March 15, 1879, by shooting him with a pistol. In June, 1880, the case came to trial and appellant was found guilty of murder in the second degree, and a term of five years in the penitentiary was assessed as his punishment. A new trial, however, was granted him, and at the ensuing December term, 1880, the jury found him guilty as before, and awarded him the same punishment. David Lenox testified, for the State, that at one time…
1Opinion of the CourtHurt, J.
The appellant killed E. 0. Driscoll on the 15th day of March, A. D. 1879, in the town of Burlington, Montague county. In June following he was indicted by the grand jury of that county on a charge of murder in the first degree. In June, 1880, he was tried and convicted of murder in the second degree. At the December term, 1880, a new trial having been awarded, he was again placed upon trial and convicted of murder in the second degree; from which judgment of conviction he appeals to this court.
There are a number of errors assigned, and reasons urged why the judgment should be reversed; but we…
2Cases cited2 opinions
- Johnson v. StateTexas Supreme Court · 1875
- Texas Land Co. v. WilliamsTexas Supreme Court · 1878