Legal Opinion

Hines v. State

Court of Appeals of Texas

Decided January 26, 1889No. 2563PublishedCited by 4 opinions

Appeal from the District Court of Marion. Tried below before the Hon. W. P. McLean. The conviction in this case was in the first degree for the murder of Ike Bailey, in Marion coun ty, Texas, on the twenty-eighth day of March, 1888. Death was the penalty assessed against the appellant. W. B. Stallcup was the first witness for the State. He testified, in substance, that in March, 1888, he was acting constable in and for precinct No. 5, of Marion county, Texas.

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Appeal from the District Court of Marion. Tried below before the Hon. W. P. McLean. The conviction in this case was in the first degree for the murder of Ike Bailey, in Marion coun ty, Texas, on the twenty-eighth day of March, 1888. Death was the penalty assessed against the appellant. W. B. Stallcup was the first witness for the State. He testified, in substance, that in March, 1888, he was acting constable in and for precinct No. 5, of Marion county, Texas. On Friday, the thirtieth day of that month, the witness was called upon to hunt for Ike Bailey, or for his dead body. Bailey’s body,…

1Opinion of the Court

Hurt, Judge.

This is a conviction of murder of the first degree, with the death penalty. We have carefully examined all the grounds relied upon for a reversal of the judgment, and are of the opinion that none are well taken except that contained in the third assignment, to wit: “The .court erred in failing and refusing to charge the law applicable to the corroboration of an accomplice, the witness Armstead Cove being an accomplice.” The court’s attention was called to this subject, and counsel requested a charge thereon, but did not prepare the charge. The court refused to prepare and submit…

2Cited by4 opinions

  1. Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
  2. Martin v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1910
  4. Harper v. StateCourt of Criminal Appeals of Texas · 1922

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