Legal Opinion

Moore v. State

Court of Criminal Appeals of Texas

Decided March 25, 1904No. 2834PublishedCited by 20 opinions

The testimony of the principal State’s witnesses showed that appeL lant procured a gun and shells a short time before the homicide, saying he was going on a hunting trip.

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The testimony of the principal State’s witnesses showed that appeL lant procured a gun and shells a short time before the homicide, saying he was going on a hunting trip. That on the day of the killing he was seen gun in hand walking along the street towards where deceased wasj at a house which the latter had leased to Joe Brown, and deceased was there in front of the house at the gate, when appellant came up and immediately raised his gun; the witness Mrs. Joe Brown saying, “Look out for Mr. Moore, Mr. McLaughlin!” The latter thereupon turned and faced appellant, throwing up his right hand,…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was indicted in Lamar County for the murder of McLaughlin.' When the case was called for trial he filed an application to change the venue to Delta County, on the ground of existing prejudice against him in Lamar County. The court granted the application but changed the venue to Fannin County. The State’s contest is supported by the affidavit of McQuistian, Ball and Humphreys. This affidavit states that the allegations in regard to prejudice set up by appellant is local, being confined principally to Paris, and is more against the crime charged than against…

2Cited by20 opinions

  1. Von Byrd v. StateCourt of Criminal Appeals of Texas · 1978
  2. Durrough v. StateCourt of Criminal Appeals of Texas · 1978
  3. Goode v. StateCourt of Criminal Appeals of Texas · 1909
  4. Cox v. StateCourt of Criminal Appeals of Texas · 1921
  5. Melton v. StateCourt of Criminal Appeals of Texas · 1904

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