Legal Opinion

Leache v. State

Court of Appeals of Texas

Decided November 13, 1886No. 2291PublishedCited by 37 opinions

Appeal from the District Court of Comanche. Tried below before the Hon. T. B. Wheeler. The indictment charged the appellant with the murder of J. F. Martin, in Comanche county, Texas, on the twentieth day of June, 1885. His trial resulted in his conviction of murder in the second degree, and his penalty was affixed at a term of fourteen years in the State penitentiary. J. B. Hilliard was the first witness for the State.

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Appeal from the District Court of Comanche. Tried below before the Hon. T. B. Wheeler. The indictment charged the appellant with the murder of J. F. Martin, in Comanche county, Texas, on the twentieth day of June, 1885. His trial resulted in his conviction of murder in the second degree, and his penalty was affixed at a term of fourteen years in the State penitentiary. J. B. Hilliard was the first witness for the State. He testified that he knew the defendant and was acquainted with the deceased in his life time. On the morning of June 20, 1885, the defendant came into the witness’s store,…

1Opinion of the Court

White, Presiding Judge.

Appellant was convicted of murder of the second degree for the killing of one J. H. Martin; his punishment being assessed at fourteen years in the penitentiary.

On the trial his defenses, in addition to the plea of not guilty, were, first, resistance to an unlawful arrest by an officer acting without authority of a warrant and when no offense had' been committed by defendant, and, second, insanity.

Amongst the witnesses summoned by defendant were several medical experts whose testimony he proposed! to use on the issue *306of insanity. In placing the witnesses under “the…

2Cases cited6 opinions

  1. Dejarnette v. CommonwealthSupreme Court of Virginia · 1881
  2. Boswell v. StateSupreme Court of Alabama · 1879
  3. Dunn v. PeopleIllinois Supreme Court · 1884
  4. Carter v. StateTexas Supreme Court · 1854
  5. Fisher v. PeopleIllinois Supreme Court · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Elizabeth River Tunnel District v. BeecherSupreme Court of Virginia · 1961
  2. State v. WardSupreme Court of Vermont · 1888
  3. Hurd v. StateCourt of Criminal Appeals of Texas · 1974
  4. State of Oregon v. GarverOregon Supreme Court · 1950
  5. Smith v. StateMississippi Supreme Court · 1909

32 more not listed; retrieve them via the Exa API.

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