Nelson v. State
Texas Supreme Court
Appeal from Falls. Tried below before the lion. A. J. Evans. Dennis Eelson and Joseph Young, the appellants, were jointly indicted at the Spring term, 1869, of the District Court for Falls county, for the murder of Franklin Wallace—• Eelson being charged with the actual perpetration of the act, and Young as an aider and abettor.
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Appeal from Falls. Tried below before the lion. A. J. Evans. Dennis Eelson and Joseph Young, the appellants, were jointly indicted at the Spring term, 1869, of the District Court for Falls county, for the murder of Franklin Wallace—• Eelson being charged with the actual perpetration of the act, and Young as an aider and abettor. They were tried at the same term, the jury finding Eelson guilty of murder in the first degree, and Young of murder in the second, and assessing the punishment of the latter at ten years’ imprisonment in the penitentiary. Mrs. Jane Wallace, wife of the deceased, was…
1Opinion of the CourtLindsay, J.
There is no judgment appearing in the transcript of the record in this case. Nor does it appear from the *74record, why the judgment was not entered upon the return of the verdict of the jury, after allowing the time prescribed by law for a motion in arrest of judgment, and a motion for a new trial; But, as by Article 3151 of the Criminal Code, Paschal’s Digest, the judgment of the court may be entered at the succeeding term, if it has not been entered, this court, as it seems, may proceed to dispose of the case upon the appeal, as it now appears in the transcript of the record.
The court thinks…
2Cited by2 opinions
- Mayfield v. StateTexas Supreme Court · 1874
- Early v. StateCourt of Appeals of Texas · 1876