Legal Opinion

Francis v. State

Court of Criminal Appeals of Texas

Decided November 12, 1902No. 2612PublishedCited by 3 opinions

Appeal from the District Court of Cherokee. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. ■ The indictment charged appellant with the murder of Wes Sloan, on the 26th of December, 1900, by shooting him with a gun. The parties to the killing were negroes and brothers-in-law, having married sisters.

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Appeal from the District Court of Cherokee. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. ■ The indictment charged appellant with the murder of Wes Sloan, on the 26th of December, 1900, by shooting him with a gun. The parties to the killing were negroes and brothers-in-law, having married sisters. They seem to have had trouble between them for some time, but what caused it is not developed in the evidence. Deceased made many threats to kill defendant. A few nights before the killing, deceased…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life.

The first bill of exceptions complains that the court erred in overruling appellant’s application for continuance for want of the testimony of Hack, Jack, and Julia Ann Alexander, and Frances Francis. Appellant was indicted November 30, 1901. The case was set for trial on December 18th. On the day the indictment was returned, appellant issued a subpoena for the four absent witnesses. On December 18th the case was continued on the application of the…

2Cases cited6 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
  2. McGrath v. StateCourt of Criminal Appeals of Texas · 1896
  3. Easterwood v. StateCourt of Criminal Appeals of Texas · 1895
  4. Reeves v. StateCourt of Criminal Appeals of Texas · 1895
  5. Land v. StateCourt of Criminal Appeals of Texas · 1895

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

3Cited by3 opinions

  1. Qualls v. StateCourt of Criminal Appeals of Texas · 1913
  2. Blackwell v. StateSupreme Court of Florida · 1915
  3. Hawkins v. StateCourt of Criminal Appeals of Texas · 1912

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