Legal Opinion

Chalk. v. State

Court of Criminal Appeals of Texas

Decided October 16, 1895No. 1160PublishedCited by 21 opinions

This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. The indictment charged defendant with the murder of P. L. Medrano, in Bell County, on the 8th day of August, 1894, by shooting him with a pistol and with a gun.

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This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. The indictment charged defendant with the murder of P. L. Medrano, in Bell County, on the 8th day of August, 1894, by shooting him with a pistol and with a gun. The statement of facts is quite voluminous, but the main features of the evidence will be found in the following testimony: Mrs. J. M. Overstreet, sworn for the State, said: “I am the wife of J. M. Overstreet, and we live in a camp on Mr. R. L. Chalk’s place, three miles north of Belton. On…

1Opinion of the Court

HENDERSON, Judge.

Appellant in this case was tried under an indictment charging him with murder, and was convicted of murder in the second degree, and his punishment assessed at five years’ confinement in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. The appellant assigns a number of errors, and we will consider them as presented in the bill of exceptions, in the order in which they are presented. Appellant claims that the court committed an error in forcing him to trial in the absence of the witness Juan Flores. It appears that the witness…

2Cases cited1 opinion

  1. Spencer v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by21 opinions

  1. Hopkins v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. McElroy v. StateCourt of Criminal Appeals of Texas · 1970
  3. Ferguson v. StateCourt of Criminal Appeals of Texas · 1911
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1921
  5. Holder v. StateCourt of Criminal Appeals of Texas · 1917

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