Legal Opinion

Martin v. State

Court of Appeals of Texas

Decided March 10, 1886No. 2038PublishedCited by 3 opinions

Appeal from the District Court of Gonzales. Tried below before the Hon. George McCormick. This is the companion case to that of Carr v. The State, reported in full in volume nineteen of these Reports.

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Appeal from the District Court of Gonzales. Tried below before the Hon. George McCormick. This is the companion case to that of Carr v. The State, reported in full in volume nineteen of these Reports. A separate indictment charged this appellant with the same offense—the burglary of the store house of Samuel Brown and J. W. Peebles, in Gonzales county, Texas, on the tenth day of December, 1883. The appellant’s trial resulted in his conviction, and his punishment was assessed at a term of four years in the penitentiary. Of the witnesses who testified in Carr’s case, Messrs. S. H. Brown, Swann,…

1Opinion of the Court

Willson, Judge.

I. An indictment similar to the one in this case was passed upon by this court in Carr v. The State, 19 Texas Court of Appeals, 635, and was held to be sufficient. The questions now presented upon the indictment were in that case fully discussed, and, without repeating the discussion, we adhere to that decision, and hold that the exceptions to the indictment in this case were properly overruled.

II. Defendant’s application for change of venue was based upon botli the statutory grounds, and was in due form of law. (Code Crim. Proc., Art. 578.) It was controverted in the manner…

2Cited by3 opinions

  1. EACRET ET UX v. HolmesOregon Supreme Court · 1958
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1910
  3. Rathbun v. BaumelSupreme Court of Iowa · 1922

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