Wilkerson v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before the Hon. E. B. Turner. The indictment was found in Bell county, against Church Wilkerson and the appellant, jointly, for the murder o.f John Roach, by shooting, on March 6, 1874. Church Wilkerson was tried in Bell county and was acquitted, and the appellant obtained a change of venue to the county of Williamson. The difficulty resulted from a dispute about a boundary-line between the deceased and the appellant.
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Appeal from the District Court of Williamson. Tried below before the Hon. E. B. Turner. The indictment was found in Bell county, against Church Wilkerson and the appellant, jointly, for the murder o.f John Roach, by shooting, on March 6, 1874. Church Wilkerson was tried in Bell county and was acquitted, and the appellant obtained a change of venue to the county of Williamson. The difficulty resulted from a dispute about a boundary-line between the deceased and the appellant. The deceased was in the act of fencing in the disputed area on the day of the killing, when the appellant and his…
1Opinion of the CourtWhite, J.
The case presents plainly and fairly a question of pleading, in reference to an indictment for murder, which has never before been directly presented to, or authoritatively decided by, the courts of last resort in Texas. ‘This question is : Is it necessary, in an indictment for murder, to locate by positive averment the particular portion of the body upon which the mortal wound was inflicted?
The allegation in the indictment is that the defendants, "by discharging and shooting off certain shot-guns and pistols, “then and there feloniously, willfully, and of their malice aforethought, did…
2Cases cited15 opinions
- People v. KingCalifornia Supreme Court · 1865
- Dukes v. StateIndiana Supreme Court · 1859
- Sanchez v. . the PeopleNew York Court of Appeals · 1860
- Martin v. StateTexas Supreme Court · 1874
- Cordell v. StateIndiana Supreme Court · 1864
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