Legal Opinion

Taylor v. State

Court of Criminal Appeals of Texas

Decided January 26, 1898No. 1429PublishedCited by 23 opinions

Appeal from the District Court of Mitchell, on change of venue from ¡Nolan. Tried below before Hon. B. A. Eaglahd, Special Judge. Appeal from a conviction for murder in the second degree; penalty, ten years imprisonment in the penitentiary. On November 5, 1895, appellant was indicted by the grand jury of Nolan County, Texas, for the murder of W. H. Flowers, charging him with said murder on October 16, 1895, by cutting and stabbing him with a knife.

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Appeal from the District Court of Mitchell, on change of venue from ¡Nolan. Tried below before Hon. B. A. Eaglahd, Special Judge. Appeal from a conviction for murder in the second degree; penalty, ten years imprisonment in the penitentiary. On November 5, 1895, appellant was indicted by the grand jury of Nolan County, Texas, for the murder of W. H. Flowers, charging him with said murder on October 16, 1895, by cutting and stabbing him with a knife. In November, 1895, appellant was tried in the District Court of Nolan County, Texas, and there was a mistrial; and at the April term of the…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the1 second degree, and his punishment assessed at ten years confinement in the State penitentiary, and prosecutes this appeal.

Appellant contends that the court committed an error in admitting the dying declarations of the deceased, W. H. Flowers. The first objection urged is that said dying declarations as contained in the written statement were not admissible, because a sufficient predicate had not been laid for their .introduction. In this we disagree with counsel for appellant. We think the testimony shows conclusively that deceased…

2Cited by23 opinions

  1. Ward v. StateCourt of Criminal Appeals of Texas · 1913
  2. Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
  3. Robinson v. StateCourt of Criminal Appeals of Texas · 1910
  4. Brown v. StateCourt of Criminal Appeals of Texas · 1908
  5. Watson v. StateCourt of Criminal Appeals of Texas · 1906

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