Legal Opinion

Holland v. State

Texas Supreme Court

Decided July 1, 1873PublishedCited by 4 opinions

Appeal from Erath. Tried below before the Hon. J. P. Osterkout. Indictment of Frank Holland for the murder of John Hayes. The conviction of the prisoner of murder in the first degree was obtained on circumstantial evidence alone. In 1861 John Hayes married Mary, the daughter of Dr. Wm. Edwards, of Erath county. A few weeks after the marriage Dr. Edwards received information that Hayes had a living wife in another State, and instituted prosecution.

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Appeal from Erath. Tried below before the Hon. J. P. Osterkout. Indictment of Frank Holland for the murder of John Hayes. The conviction of the prisoner of murder in the first degree was obtained on circumstantial evidence alone. In 1861 John Hayes married Mary, the daughter of Dr. Wm. Edwards, of Erath county. A few weeks after the marriage Dr. Edwards received information that Hayes had a living wife in another State, and instituted prosecution. In default of bail, Hayes was committed to jail, escaped, and was not heard from for about eleven years. In 1872 he returned to Erath county. On…

1Opinion of the CourtOgden, P. J.

It is claimed for the appellant in this case that the court below erred in overruling his motion for a continuance, and for which error the judgment should be reversed.

When a motion-for a continuance on the first or second application fully complies'with the law, and sets forth a meritorious ground, -the party making the same is entitled, as a -matter of law,' to have his motion prevail. In a criminal case, where the application is made for the want of a witness, there are two requisites which the application must contain, and which calls forth the exercise of judicial discretion, viz., the…

2Cases cited3 opinions

  1. Slaughter v. StateTexas Supreme Court · 1859
  2. Cotton v. StateTexas Supreme Court · 1870
  3. Poe v. StateTexas Supreme Court · 1869

3Cited by4 opinions

  1. Buster v. StateTexas Supreme Court · 1874
  2. Essery v. StateCourt of Criminal Appeals of Texas · 1913
  3. Wooldridge v. StateCourt of Appeals of Texas · 1883
  4. Wooldridge v. StateCourt of Appeals of Texas · 1883

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