Cline v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment being assessed at imprisonment for twenty-five years in the penitentiary. Appellant, together with his brothers, Tom and Dan Cline, was jointly indicted for the murder of Spencer Cunningham, jn the County of Gonzales, on the 28th day of January, A. D. 1893. There was a severance, and Dan Cline was first tried and convicted; and his case, on appeal, will be found, as Cline v. State, 33 Tex. Crim.
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This appeal is from a conviction for murder in the second degree, the punishment being assessed at imprisonment for twenty-five years in the penitentiary. Appellant, together with his brothers, Tom and Dan Cline, was jointly indicted for the murder of Spencer Cunningham, jn the County of Gonzales, on the 28th day of January, A. D. 1893. There was a severance, and Dan Cline was first tried and convicted; and his case, on appeal, will be found, as Cline v. State, 33 Tex. Crim. Rep., 482. The case of Tom Cline v. State, will be found in 34 Tex. Crim. Rep., 347. The essential facts in this case…
1DissentHenderson, Judge
(dissenting).—Appellant was convicted of murder in the second degree, and prosecuted an appeal. The judgment was reversed by a majority of the court at the Austin term, 1896. I dissented from the opinion rendered in the ease. I will now state my reasons for refusing to agree to that opinion. A majority of the court held that the court below committed an error in allowing the State, over the defendant’s objections, to read the evidence of one Monroe, taken in the examining trial of the defendant on the same charge, reduced to writing, and properly certified to; the proof showing that, since…
2Cases cited18 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- State v. McO'BlenisSupreme Court of Missouri · 1857
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Hewitt v. StateTexas Supreme Court · 1860
- Roberts v. StateSupreme Court of Alabama · 1881
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