Noftsinger v. State
Court of Appeals of Texas
Appeal from the District Court of Cooke. Tried below before the Hon. J. A. Carroll. The indictment charged Noffcsinger, the appellant, with the murder of Willis Cline, on August 7, 1878, by shooting him with a gun. The trial was had in August, 1879. The defendant filed a “ motion ” in which he declared his election to be tried under the law in force before the Revised Codes took effect.
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Appeal from the District Court of Cooke. Tried below before the Hon. J. A. Carroll. The indictment charged Noffcsinger, the appellant, with the murder of Willis Cline, on August 7, 1878, by shooting him with a gun. The trial was had in August, 1879. The defendant filed a “ motion ” in which he declared his election to be tried under the law in force before the Revised Codes took effect. Many witnesses were examined, of whom none save the victim’s wife was present at the scene of the assassination, and as it was perpetrated in the night, she was unable, to state by whom it was committed. The…
1Opinion of the CourtWhite, P. J.
On the night of the 7th of August, 1878, one Willis Cline was assassinated, between the hours often and eleven', at his home, four miles north of the village of Dexter in Cooke County. At the time he was murdered, he and his wife,.to whom he had been married but little over a month, were asleep upon the porch upon the north side of the house. On the following morning appellant and one E. S. Gardner were arrested as the perpetrators of the deed, and each was separately indicted for the murder at the February term, 1879, of the District Court. At the August term, 1879, this appellant was tried…
2Cases cited6 opinions
- Sherwood v. StateTexas Supreme Court · 1874
- Hamby v. StateTexas Supreme Court · 1872
- Barnes v. StateTexas Supreme Court · 1874
- Ballew v. StateTexas Supreme Court · 1872
- Kemp v. StateTexas Supreme Court · 1873
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