Legal Opinion

Earles v. State

Court of Criminal Appeals of Texas

Decided February 8, 1905No. 3169PublishedCited by 9 opinions

While the case as stated in the opinion discloses the facts sufficiently to clearly show the issues involved, it may be added that the deceased had no warrant for the arrest of defendant, and that no prosecution for seduction was pending at the time.

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While the case as stated in the opinion discloses the facts sufficiently to clearly show the issues involved, it may be added that the deceased had no warrant for the arrest of defendant, and that no prosecution for seduction was pending at the time. One of the State’s witnesses who saw the killing testified that he observed the deceased and defendant as they passed down the street, going in the direction of the depot, deceased had hold of defendant’s right arm with his left hand. The deceased was next to the wall and defendant next to.the street— witness remarked to some one that deceased…

1Opinion of the Court

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty years; hence this appeal.

Appellant filed a motion to change the venue, which was contested. The court heard evidence pro and con, and overruled the motion. Appellant assigns this action of the court as error. We have examined the record carefully along this line, and find it as follows: Six witnesses testified outright to such a state of prejudice in Navarro County as that appellant could not expect to get a fair and impartial trial. Five of these lived…

2Cases cited4 opinions

  1. Miers v. StateCourt of Criminal Appeals of Texas · 1895
  2. Holley v. StateCourt of Criminal Appeals of Texas · 1898
  3. Renfro v. StateCourt of Criminal Appeals of Texas · 1900
  4. Fossett v. StateCourt of Criminal Appeals of Texas · 1900

3Cited by9 opinions

  1. Tubb v. StateCourt of Criminal Appeals of Texas · 1908
  2. Mooney v. StateCourt of Criminal Appeals of Texas · 1915
  3. State v. MeyersOregon Supreme Court · 1910
  4. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1921
  5. Satterwhite v. StateCourt of Criminal Appeals of Texas · 1929

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