Legal Opinion · Dissent

Barnett v. State

Court of Criminal Appeals of Texas

Decided March 31, 1915No. 3481Published

Appeal from the District Court of Hunt. Tried below before the Hon. Wm. Pierson. . Appeal from a conviction of murder; penalty, twenty-five years imprisonment in the penitentiary. The opinion states the case.

1Dissent

I am of opinion that for several reasons this judgment should have been reversed. The change of venue should have been granted as prayed for by appellant. The application for change of venue was sworn to by 150 compurgators from practically all sections and precincts of Hunt County. It alleges both grounds: prejudice and combination of influential people. These compurgators make it plain that the prejudice was so intense in the county that appellant could not obtain a fair and impartial trial, and it would come fairly within that rule as well as of prejudgment of the case. Mr. Leddy, of…

2Cases cited9 opinions

  1. Rogers v. McGuffeyTexas Supreme Court · 1903
  2. Randle v. StateCourt of Criminal Appeals of Texas · 1894
  3. Texas & Pacific Railway Co. v. BaylissTexas Supreme Court · 1884
  4. Barnes v. StateCourt of Criminal Appeals of Texas · 1900
  5. Tignor v. ToneyCourt of Appeals of Texas · 1896

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