Osborne v. State
Court of Appeals of Texas
Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. This was the appellant’s second appeal from his conviction in the first degree for the murder of West Kirby, in Colorado county, Texas, on the twenty-second day of December, 1886. The penalty assessed against him was a life term in the penitentiary.
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Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. This was the appellant’s second appeal from his conviction in the first degree for the murder of West Kirby, in Colorado county, Texas, on the twenty-second day of December, 1886. The penalty assessed against him was a life term in the penitentiary. The conviction was had upon identically the same evidence, delivered by the same witnesses, as on the first conviction, and that evidence will be found fully set out in the report of the case, commencing page 431 of the twenty-third volume of these Reports.
1Opinion of the Court
Willson, Judge.
As presented in court by the grand jury, the indictment recited that it was found at a term of the district *399court for Colorado county, State of Texas, beginning on the first Monday after the first Monday in February, 1887. This was an erroneous statement of the time of the beginning of the term of the said court at which said indictment was presented, said term having begun on the fourth Monday after the first Monday in February, 1887. Upon motion made by the district attorney for leave to amend the indictment so as to correct the said erroneous recital, such leave was granted,…
2Cited by18 opinions
- Guerra v. StateCourt of Criminal Appeals of Texas · 1972
- Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
- Hightower v. StateCourt of Criminal Appeals of Texas · 1914
- Rowlett v. StateCourt of Criminal Appeals of Texas · 1951
- Satterwhite v. State, Texas Court of Appeals, 13th District1997
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