Dyer v. State
Court of Criminal Appeals of Texas
The testimony of the principal witnesses is substantially as follows: Mrs. Dank Elliott testified that she saw the deceased, Demp Bruce, at her house on the night of the homicide. He lived about 175 steps from witness’ house, and came there with bis wife early that evening to stay all night. It was supper time.
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The testimony of the principal witnesses is substantially as follows: Mrs. Dank Elliott testified that she saw the deceased, Demp Bruce, at her house on the night of the homicide. He lived about 175 steps from witness’ house, and came there with bis wife early that evening to stay all night. It was supper time. While they were there, witness saw defendant and two other boys ride horseback by her place in a lope in the direction of Will Pike’s house, about a mile from witness’ house. The deceased, witness’ husband, and Mr. Hightower were out on the gallery, and witness and the wife of deceased…
1Opinion of the Court
HERDERS OR, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at ten years confinement in the penitentiary.
Appellant made a motion to continue the ease on account of the absence of James Dyer, for whom a subpoena had previously been issued and served. As to the failure of said witness to appear, the affidavit shows he was not able to attend on account of being sick; that he lived in Franklin County, twelve miles north of the county-seat. Reference is made to the affidavit of Dr. Davis. This affidavit shows that affiant is a regular practicing physician…
2Cases cited3 opinions
- Hardin v. StateCourt of Criminal Appeals of Texas · 1899
- Wallace v. StateCourt of Criminal Appeals of Texas · 1904
- Phipps v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by7 opinions
- Barfield v. StateCourt of Criminal Appeals of Texas · 1929
- Alley v. StateCourt of Criminal Appeals of Texas · 1949
- Alley v. StateCourt of Criminal Appeals of Texas · 1949
- Bennett v. StateCourt of Criminal Appeals of Texas · 1929
- Wilborn v. StateCourt of Criminal Appeals of Texas · 1951
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