Blackwell v. State
Court of Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. George McCormick. This conviction was in the first degree for the murder of Lump Bainey, in Gonzales County, Texas, on the 12th day of July, 1890. The death penalty was assessed. The evidence in this case was purely circumstantial, but it is not essential to this report that it be summarized in detail.
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Appeal from the District Court of Gonzales. Tried below before Hon. George McCormick. This conviction was in the first degree for the murder of Lump Bainey, in Gonzales County, Texas, on the 12th day of July, 1890. The death penalty was assessed. The evidence in this case was purely circumstantial, but it is not essential to this report that it be summarized in detail. The killing occurred in a pasture in which were situated three houses, that of William Hunter, standing about midway between the east and west boundaries of the pasture, being the most westerly house of the three. The "Bainey”…
1Opinion of the Court
WHITE, Presiding Judge.
This appeal is from a judgment of conviction for murder of the first degree in which the penalty of death has been assessed.
A motion was made by the defendant for a change of venue, based upon both of the statutory grounds mentioned in article 578 of the Code of Criminal Procedure, supported by the affidavits of two compurgators. It was controverted by the State. Evidence was heard pro and con by the court; the motion was overruled, and defendant reserved his bill of exceptions to the ruling. This bill of exceptions was approved by the trial judge and filed in court…
2Cases cited1 opinion
- Sherwood v. StateTexas Supreme Court · 1874
3Cited by12 opinions
- People v. SpauldingIllinois Supreme Court · 1923
- Batten v. StateCourt of Criminal Appeals of Texas · 1976
- Pierce v. StateCourt of Criminal Appeals of Texas · 1985
- Thompson v. United StatesCourt of Appeals for the First Circuit · 1906
- Rowe v. StateSupreme Court of Florida · 1935
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