Legal Opinion

Augustine v. State

Court of Criminal Appeals of Texas

Decided June 21, 1899No. 1969PublishedCited by 43 opinions

Appeal from the District Court of Hays, on change of venue from Gonzales. Tried below before Hon. H. Tbichmuller. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary.

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Appeal from the District Court of Hays, on change of venue from Gonzales. Tried below before Hon. H. Tbichmuller. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. This appeal is one of the closing chapters to a case which has figured most extensively in the courts of this State since Tuesday, the 19th day of September, 1876, when George Brassell and the deceased Philip Brassell, his father, were ruthlessly taken at night from their home in De Witt County and assassinated hy a mob of twelve men. Seven parties were indicted…

1Opinion of the Court

HEHDEBSOH, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at twenty-five years confinement in the penitentiary, and he appeals.

Appellant was indicted in the District Court of De Witt County at the December term, 1891, for the murder of Philip Brassell, alleged to have been committed in said county on the 19th of September, 1876. In 1893 the venue of the case appears to have been changed from De Witt to Gonzales County. In July, 1896, the venue of the case was changed from Gonzales to Hays County, where the trial and conviction in this ease…

2Cases cited3 opinions

  1. Clem v. StateIndiana Supreme Court · 1873
  2. Teat v. StateMississippi Supreme Court · 1876
  3. McGee and Fuller v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by43 opinions

  1. Hayes v. StateCourt of Appeals of Georgia · 1912
  2. State v. DiamondNew Mexico Supreme Court · 1921
  3. Griffin v. StateCourt of Criminal Appeals of Texas · 1920
  4. Ex Parte LeslieCourt of Criminal Appeals of Texas · 1920
  5. State v. LantzWest Virginia Supreme Court · 1922

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