Neyland v. State
Court of Appeals of Texas
Appeal from the District Court of Orange. Tried below before the Hon. W. H. Ford. The indictment charged the appellant with the murder of Jasper Gibson, in Orange county, Texas, on the twenty-first day of May, 1882. His trial resulted in his conviction of murder in the second degree, and his punishment was assessed at a term of eighteen years in the penitentiary. Webb C. Gibson, the brother of the deceased, was the first witness introduced by the State.
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Appeal from the District Court of Orange. Tried below before the Hon. W. H. Ford. The indictment charged the appellant with the murder of Jasper Gibson, in Orange county, Texas, on the twenty-first day of May, 1882. His trial resulted in his conviction of murder in the second degree, and his punishment was assessed at a term of eighteen years in the penitentiary. Webb C. Gibson, the brother of the deceased, was the first witness introduced by the State. The substance of his testimony was that on the Sunday of the killing he, the deceased and the defendant attended church in the country, about…
1Opinion of the CourtWhite, P. J.
Our constitution provides that in all criminal prosecutions the accused “ shall have compulsory process for obtaining witnesses in his favor. (Canst., Art. 1, sec. 10.) A subpoena is a compulsory process; and the mode and manner of its issuance, service and return, and penalties for disobedience of *544its mandate, are fully provided for in the Code of Criminal Procedure, from Article 477 to Article 486, inclusive. Article 479 declares the legal requisites of the service and return of the subpoena. It says:
“A subpoena is served by reading the same in the hearing of the witness. The officer having…
2Cases cited5 opinions
- Hudson v. StateTexas Supreme Court · 1874
- Jones v. StateTexas Supreme Court · 1874
- Myers v. StateTexas Supreme Court · 1870
- Mayfield v. StateTexas Supreme Court · 1875
- Daniels v. StateTexas Supreme Court · 1859