Dement v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of De Witt. Tried below before Hon. James 0. Wilson. Appeal from a conviction for murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary.
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Appeal from the District Court of De Witt. Tried below before Hon. James 0. Wilson. Appeal from a conviction for murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. The indictment charged appellant with the murder of John Moro, in De Witt County, on the 29th day of May, 1894. The Assistant Attorney-General moved to strike from the record the purported statement of facts, the same having been filed after adjournment of the trial court without any order of court authorizing such filing. Defendant’s counsel filed the following counter motion and affidavits:…
1Opinion of the Court
HEEDERSOE, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.
The District Court of De Witt County adjourned on the 9th of Februarjr, 1898. What purports to,be a statement of facts was approved by the judge on the 14th of February, 1898, and was filed by the clerk on the next day, the 15th of February. The Assistant Attorney-General has presented a motion to strike out the statement of facts, because it was filed after the adjournment of the District Court, and no order…
2Cases cited3 opinions
- Quarles v. StateCourt of Criminal Appeals of Texas · 1897
- Lewis v. StateCourt of Criminal Appeals of Texas · 1895
- Youngman v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by21 opinions
- Peek v. StateCourt of Criminal Appeals of Texas · 2003
- Denton v. StateCourt of Criminal Appeals of Texas · 1901
- Peachey v. Boswell, MayorIndiana Supreme Court · 1960
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1912
- Upton v. StateCourt of Criminal Appeals of Texas · 1929
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