Mitchell v. State
Court of Criminal Appeals of Texas
On the 6th day of July, 1895, the grand jury in the District Court of Hunt County presented an indictment against appellant, in which it was charged that on or about the 2d day of July, 1895, he did, in Hnnt County, Texas, kill and murder Charley Green, by shooting him with a pistol.
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On the 6th day of July, 1895, the grand jury in the District Court of Hunt County presented an indictment against appellant, in which it was charged that on or about the 2d day of July, 1895, he did, in Hnnt County, Texas, kill and murder Charley Green, by shooting him with a pistol. The following statement of the facts of the ease is taken from appellant’s brief, and is substantially correct: The testimony for the State and for the appellant both agree in establishing : That Mitchell & Bishop, a firm composed of Boh Mitchell and J. E. Bishop, were conducting a livery business at Celeste,…
1Opinion of the Court
HENDEESOH, Judge.
Appellant was convicted of murder in the second degree, and his punishment fixed at a term of five years in the penitentiary; hence this appeal.
Appellant assigns as error the action of the court in permitting the witness Eiley Green to exhibit to the jury the coat and vest and shirt worn by' the deceased at the time he was shot, and testify in reference thereto, because, he says, "the same could not be made a part of the record.’’ This was made a part of the record. The condition of said garments was testified about before the jury. See Hart v. State, 15 Texas Crim. App.,…
2Cited by27 opinions
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- Holland v. StateCourt of Criminal Appeals of Texas · 1910
- Matthews v. StateCourt of Criminal Appeals of Texas · 1900
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