Kline v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Clay. Tried below before the Hon. J. W. Akin. Appeal from a conviction of arson; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of bill of exceptions: Turner v. State, 61 Texas Crim. Rep., 97, 136 S. W. Rep., 486; Herrin v. Daly, 31 So. Rep., 790; Ridge v. State, 61 Texas Crim. Rep., 814, 134 S. W. Rep., 732; Ellington v. State, 87 S. W. Rep., 153; Gardner v. State, 11 Texas Crim.
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Appeal from the District Court of Clay. Tried below before the Hon. J. W. Akin. Appeal from a conviction of arson; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of bill of exceptions: Turner v. State, 61 Texas Crim. Rep., 97, 136 S. W. Rep., 486; Herrin v. Daly, 31 So. Rep., 790; Ridge v. State, 61 Texas Crim. Rep., 814, 134 S. W. Rep., 732; Ellington v. State, 87 S. W. Rep., 153; Gardner v. State, 11 Texas Crim. App., 265; Tijerina v. State, .74 S. W". Rep., 913; Faulkner v. State, 65 S. W. Rep., 1093; Irvine v. State, 9 S. W. Rep., 55; Mask…
1DissentDavidson, Judge
(dissenting). — The State relied, first, upon the fact that Mrs. Flannigan recognized, or thought she did, appellant in the town of Henrietta on the evening prior to the burning of the house at night. This recognition was not by his face but by his general manner and dress, he being some distance from her walking along the street. The first time she recognized him was in the early evening, and the second time late in the evening. No other witness was produced who saw defendant or was aware of his presence in Henrietta, the town in which the house was burned. Her testimony was sought to be…
2Cases cited2 opinions
- McGrath v. StateCourt of Criminal Appeals of Texas · 1896
- Lamb v. StateCourt of Criminal Appeals of Texas · 1909