Legal Opinion

Casner v. State

Court of Criminal Appeals of Texas

Decided May 1, 1901No. 2100PublishedCited by 14 opinions

At the November term of the District Court of Haskell County Lou Casner was indicted by the grand jury charging him with the murder of Tom Pitner in Haskell County on the 5th day of September, 1899. The venue was changed to Stonewall County, and at the October term, 1900, the case was tried in Stonewall County, resulting in a verdict of guilty of murder in the first degree and assessing his punishment at confinement in the penitentiary for life.

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At the November term of the District Court of Haskell County Lou Casner was indicted by the grand jury charging him with the murder of Tom Pitner in Haskell County on the 5th day of September, 1899. The venue was changed to Stonewall County, and at the October term, 1900, the case was tried in Stonewall County, resulting in a verdict of guilty of murder in the first degree and assessing his punishment at confinement in the penitentiary for life. John Casner and the defendant, Lou Casner, were father and son. The deceased, Tom Pitner, was a stepson of John Casner by a second marriage. John…

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.

This is a companion to the case of Casner v. State, reported in 42 Texas Criminal Reports, 118. The statement of facts as contained in the last named case is alike in all material respects to the facts adduced on the present trial. As stated in that case, there was only one eyewitness, to wit, Kit Parker. In the view we take of the case, it is only necessary to pass upon two questions.

The State asked the witness Kit Parker what deceased told him to tell…

2Cited by14 opinions

  1. Dugan v. StateCourt of Criminal Appeals of Texas · 1919
  2. Best v. StateCourt of Criminal Appeals of Texas · 1910
  3. State v. MilosovichNevada Supreme Court · 1918
  4. Pollard v. StateCourt of Criminal Appeals of Texas · 1903
  5. Wilson v. StateCourt of Criminal Appeals of Texas · 1904

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