Giebel v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before Hon. 0. L. Cleveland. The conviction in this case was in the second degree for the murder of Eobert Crawford, the penalty assessed by the verdict being a term of twelve years in the penitentiary.
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Appeal from the Criminal District Court of Galveston. Tried below before Hon. 0. L. Cleveland. The conviction in this case was in the second degree for the murder of Eobert Crawford, the penalty assessed by the verdict being a term of twelve years in the penitentiary. The proof shows that the homicide occurred in the city of Galveston, about 3 o’clock on the afternoon of December 26, 1888. The statement of facts comprehends the testimony of a large number of witnesses, which is summarized below without regard to the order in which the witnesses testified. Dan Morris testified for the State…
1Opinion of the Court
White, Presiding Judge.
1. ‘In his motion to quash, the defendant excepted to the sufficiency of the indictment, both as to its form and substance. As to form, “ because it does not appear to have been presented in the proper court, to-wit, the Criminal District Court of Galveston and Harris Counties.” On its face it is stated that the same was presented “in the Criminal District Court of the county of Galveston, State of Texas;” and it is insisted that there is no such court. Section 1, article 5, of the Constitution, to which we are cited in support of this position, simply provides that…
2Cases cited2 opinions
- Carter v. StateTexas Supreme Court · 1854
- Thomas v. StateTexas Supreme Court · 1874
3Cited by10 opinions
- Indemnity Ins. Co. of North America v. ScottTexas Commission of Appeals · 1927
- McDonald v. StateCourt of Criminal Appeals of Texas · 1929
- Bitela v. StateCourt of Criminal Appeals of Texas · 1956
- Bell v. StateCourt of Criminal Appeals of Texas · 1931
- Conrad v. StateCourt of Criminal Appeals of Texas · 1948
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