Webb v. State
Court of Appeals of Texas
Appeal from the District Court of Fort Bend. Tried below before the Hon. W. H. Burkhart. The indictment charged the appellant with the murder of Charles B. Foster, in Galveston County, on September 2, 1876. The venue was first changed to Brazoria County, at the instance of the defendant. At a trial there a conviction was had for murder in the second degree, with forty years in the penitentiary assessed as the punishment.
Read the full summary
Appeal from the District Court of Fort Bend. Tried below before the Hon. W. H. Burkhart. The indictment charged the appellant with the murder of Charles B. Foster, in Galveston County, on September 2, 1876. The venue was first changed to Brazoria County, at the instance of the defendant. At a trial there a conviction was had for murder in the second degree, with forty years in the penitentiary assessed as the punishment. That conviction was set aside by this court, on appeal, for reasons disclosed in 5 Texas Ct. App. 596. On the remand of the case the venue was changed by the court, of its…
1Opinion of the CourtWhite, P. J.
Before the former appeal in this case defendant had, on motion, obtained a change of venue from *504Galveston, where the crime was alleged to have been committed, to the County of Brazoria, where the former trial was had. After reversal of the judgment by this court, and when the case was again called for trial in the District Court of Brazoria County, the defendant made another motion for change of venue, and the prosecuting officer (but whether in writing, under the provisions of art. 577 of the Code of Criminal Procedure, does not appear) suggested that the venue be changed to the county of…
2Cases cited3 opinions
- Walker v. StateTexas Supreme Court · 1874
- People v. ThurstonNew York Supreme Court · 1852
- Lake v. PeopleNew York Supreme Court · 1854