Mitchell v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. One Frank Williams, a negro, was killed in the city of Richmond, Fort Bend County, on the night of the 24th of September, 1895. Appellant, A. H. Mitchell, and one J. K. Neal, were separately indicted for his murder.
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This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. One Frank Williams, a negro, was killed in the city of Richmond, Fort Bend County, on the night of the 24th of September, 1895. Appellant, A. H. Mitchell, and one J. K. Neal, were separately indicted for his murder. When the case was called for trial, appellant made affidavit, under the statute, for a severance, to have Neal first tried, and a severance was granted by the court. Thereupon the District Attorney nolle prossed and dismissed the case…
1Opinion
ON MOTION FOR REHEARING.
HURT, Presiding Judge.
The appellent was convicted of murder in the second degree, and given five years in the penitentiary. He prosecuted an appeal, and the case was affirmed at the -Tyler term of this court, and it now comes before us on motion for a rehearing. Counsel for appellant has filed an able brief, presenting a number of questions, and insisting that in the affirmance of the case this court committed several errors, and urging upon us a careful review of the same in order that correct conclusions may be reached. He has also presented the same matters in a…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Henrie v. StateTexas Supreme Court · 1874
- Wharton v. StateTexas Supreme Court · 1876