Moore v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hill. Tried below before Hon. William Poindexter. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. The indictment charged appellant with the murder of Mat Hunt, on the 31st day of August, 1902, by shooting him with a pistol. This is the second appeal in this case. Moore v. State, 44 Texas Crim. Rep., 526. The important facts are shown in this first appeal.
1Opinion of the Court
DAVIDSON, Pbesiding Judge.
This is the second appeal from a conviction of murder. Moore v. State, 44 Texas Crim. Rep., 526. While testifying in his own behalf appellant was permitted, over objections, to testify that he had married, on the day before his trial began, the State’s witness Susie Jones. The bill is explained by the court as follows: “The court was then, and is now, of opinion that the question and answer were proper, as the State had a right to show why Susie Jones, the only immediate eye witness to the homicide, was not put on the stand, and this tended to show that fact.” That…
2Cases cited5 opinions
- Brock v. StateCourt of Criminal Appeals of Texas · 1902
- State v. ArmstrongSupreme Court of Minnesota · 1860
- Boyd v. StateCourt of Criminal Appeals of Texas · 1894
- United States v. WhiteUtah Supreme Court · 1886
- Moore v. StateCourt of Criminal Appeals of Texas · 1903
3Cited by28 opinions
- Joseph Gartner San Fratello v. United StatesCourt of Appeals for the Fifth Circuit · 1965
- Johnigan v. StateCourt of Criminal Appeals of Texas · 1972
- State v. LevySupreme Court of Iowa · 1968
- Hobbs v. StateCourt of Criminal Appeals of Texas · 1908
- Johnson v. StateCourt of Criminal Appeals of Texas · 1912
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