Nite v. State
Court of Criminal Appeals of Texas
■ Appeal from the District Court of Busk, on change of venue from Smith County. Tried below before Hon. W. J. Graham. 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 George Buckingham and Charlie Learned, with a gun, on the 23d day of May, 1894, in Gregg County, while he, defendant, was engaged in the perpetration of robbery.
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■ Appeal from the District Court of Busk, on change of venue from Smith County. Tried below before Hon. W. J. Graham. 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 George Buckingham and Charlie Learned, with a gun, on the 23d day of May, 1894, in Gregg County, while he, defendant, was engaged in the perpetration of robbery. The indictment was presented in Gregg County, from which there was a change of venue to Smith County, where a trial was had and a new trial granted; and the…
1Opinion of the Court
BROOKS, Judge.
Appellant was indicted in the District Court of Gregg County, at the spring term, 1897, for killing George Buckingham and Charlie Learned with a gun, said offense being committed in the perpetration of robbery. The venue was changed to Smith County, and the venue again changed from Smith to Rusk County, where appellant was tried and convicted, and his punishment assessed at confinement in the penitentiary for life.
The following is a clear statement of all the salient features of the case, as indicated in the brief of State’s counsel: In the spring of 1893, Jim Kite [appellant]…
2Cases cited3 opinions
- Bennett v. StateCourt of Criminal Appeals of Texas · 1893
- Arnold v. StateCourt of Criminal Appeals of Texas · 1897
- State v. BradleyTexas Supreme Court · 1871
3Cited by12 opinions
- Green v. StateCourt of Criminal Appeals of Texas · 1978
- Boone v. StateCourt of Criminal Appeals of Texas · 1921
- State v. CaseyOregon Supreme Court · 1923
- Scott v. StateCourt of Criminal Appeals of Texas · 1904
- Wright v. United StatesCourt of Appeals for the Fifth Circuit · 1901
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