Legal Opinion

Poole v. State

Court of Criminal Appeals of Texas

Decided October 28, 1903No. 2815PublishedCited by 29 opinions

Appellant, George H. Poole, was indicted by the grand jury of Orange County, on the 24th day of September, 1902, by separate indictment (there being two other parties also separately indicted for the same murder) for the murder of James A. Jett, who was, at the time of his death, city marshal of the city of Orange, by shooting him with a pistol.

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Appellant, George H. Poole, was indicted by the grand jury of Orange County, on the 24th day of September, 1902, by separate indictment (there being two other parties also separately indicted for the same murder) for the murder of James A. Jett, who was, at the time of his death, city marshal of the city of Orange, by shooting him with a pistol. At the March term, 190......, of tlie District Court of Orange County, defendant filed his motion for a change of venue, after having been required by the court to make his plea to the indictment, which he did, pleading "not guilty” thereto. The…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.

The theory of the State was, that appellant entertained a grudge against deceased because deceased had killed his brother, Tom Poole, some months before the homicide; that the feud was renewed and intensified on account of the difficulty between defendant and the son of deceased on Saturday night before the homicide; that appellant, at the time of the homicide, took advantage of deceased and shot him from the…

2Cases cited3 opinions

  1. Phipps v. StateCourt of Criminal Appeals of Texas · 1895
  2. Heffington v. StateCourt of Criminal Appeals of Texas · 1899
  3. Simmons v. StateCourt of Criminal Appeals of Texas · 1892

3Cited by29 opinions

  1. Simmons v. StateCourt of Criminal Appeals of Texas · 1909
  2. Early v. StateCourt of Criminal Appeals of Texas · 1907
  3. Jackson v. StateCourt of Criminal Appeals of Texas · 1908
  4. State v. ChurchillWashington Supreme Court · 1909
  5. Dugan v. StateCourt of Criminal Appeals of Texas · 1917

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