Miers v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. This appeal is from a conviction for murder of the second degree, with punishment assessed at imprisonment in the penitentiary for a term of twenty-five years. The court has instructed the Reporter to give all the facts in the case. The following is a full and substantial statement of the essential evidence as shown by the statement of facts: Dr. D. W. Gilbert testified.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. This appeal is from a conviction for murder of the second degree, with punishment assessed at imprisonment in the penitentiary for a term of twenty-five years. The court has instructed the Reporter to give all the facts in the case. The following is a full and substantial statement of the essential evidence as shown by the statement of facts: Dr. D. W. Gilbert testified. “Knew Riley Burnett, deceased, and attended him in his last sickness, at the house of George Metker, on the 2nd day of August, early…
1Opinion of the Court
HURT, Presiding Judge.
This is a conviction for murder of the second degree, with punishment in the penitentiary for the term of twenty-five years. The name of the deceased was Riley Burnett. The statement of facts covers seventy printed pages, when all of the material facts could have been placed in twenty pages. Alf Miers was at the time of homicide living with Mr. Metker, in Dallas County, about fourteen miles northwest of the city of Dallas. Miers was a brother-in-law of Metker. In Shackelford County an indictment was pending against him for burglary. A capias had been sent to and was in…
Also in this document: Concurrence.
2Cases cited2 opinions
- West v. CabellSupreme Court of the United States · 1894
- Myers v. StateTexas Supreme Court · 1870
3Cited by29 opinions
- Fitzgerald v. StateCourt of Criminal Appeals of Texas · 1990
- Young v. State, Texas Court of Appeals, 6th District (Texarkana)1999
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- Burkhardt v. StateCourt of Criminal Appeals of Texas · 1918
- McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
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