Legal Opinion

Rudder v. State

Court of Appeals of Texas

Decided December 13, 1890No. 3624PublishedCited by 9 opinions

Appeal from the District Court of Bastrop. Tried below before Hon. H. Teichmueller. The opinion discloses the case. The penalty assessed was a term of five years in the penitentiary.

1Opinion of the Court

WHITE, Presiding Judge.

This appeal is from a conviction for murder of the second degree.

Defendant pleaded former jeopardy in bar of this prosecution. In brief, his plea was that he had at a former term of court bsgn placed upon his trial on this same indictment, and that the jury, after the case had been submitted to them and they had failed to agree upon their verdict, had been discharged by the court without the consent of and in the absence of this defendant, who at the time of said discharge was in confinement in the county jail under orders of the court.

A demurrer to this plea was…

2Cited by9 opinions

  1. Crow v. StateCourt of Criminal Appeals of Texas · 1921
  2. State v. ChandlerOregon Supreme Court · 1929
  3. Bagwell v. StateSupreme Court of Georgia · 1907
  4. Stough Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1942
  5. State v. SommersSupreme Court of Minnesota · 1895

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