Harvey v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment assessed being ten years’ imprisonment in the penitentiary. The following is the evidence, as shown by the statement of facts; By John Morris it showed that at the time of the killing he lived about 400 yards from the defendant, and about the same distance from the deceased. On the morning of the killing, one F. M. Terrell called to him and told him that appellant had killed deceased.
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This appeal is from a conviction for murder in the second degree, the punishment assessed being ten years’ imprisonment in the penitentiary. The following is the evidence, as shown by the statement of facts; By John Morris it showed that at the time of the killing he lived about 400 yards from the defendant, and about the same distance from the deceased. On the morning of the killing, one F. M. Terrell called to him and told him that appellant had killed deceased. He and Terrell and Terrell’s son, started to the place where the killing was said to have occurred. Deceased and appellant lived…
1Opinion of the Court
HENDERSON, Judge.
Appellant was tried and convicted of murder in the second degree, and his punishment assessed at ten years in the penitentiary, and he prosecutes this appeal. The appellant assigns a number of errors, but we will only consider such as we deem important. The court overruled the motion for a continuance presented by appellant, the ground for which was the absence of the following witnesses: Mrs. Paulina Harvey, Coon Williams, W. S. Archibald, Hampden, Swindle and Knull. As to the witnesses, Mrs. Harvey, Coon Williams and W. S. Archibald, the diligence was the same. The…
2Cases cited1 opinion
- Trent v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by28 opinions
- Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
- Gibson v. StateCourt of Criminal Appeals of Texas · 1949
- Govance v. StateCourt of Criminal Appeals of Texas · 1928
- Morgan v. StateCourt of Criminal Appeals of Texas · 1908
- Ballenger v. StateCourt of Criminal Appeals of Texas · 1911
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