Terry v. State
Court of Criminal Appeals of Texas
The indictment charged appellant and Howard Magee and. Otho Oldacre jointly with the murder of J. M. Gary, in Trinity County, on the 17th day of July, 1902, by shooting him with a gun. The killing occurred in the town of Groveton, and after midnight. Gary, the deceased, was a practicing physician, and at the time he was killed was in company with one L. B. Eagle, who had gone for him to come and attend a man who had been shot at the Sylvan Hotel.
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The indictment charged appellant and Howard Magee and. Otho Oldacre jointly with the murder of J. M. Gary, in Trinity County, on the 17th day of July, 1902, by shooting him with a gun. The killing occurred in the town of Groveton, and after midnight. Gary, the deceased, was a practicing physician, and at the time he was killed was in company with one L. B. Eagle, who had gone for him to come and attend a man who had been shot at the Sylvan Hotel. Eagle was also killed at the same time and place as was Dr. Gary. By a separate indictment these same parties, appellant, Magee and Oldacre, had…
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. Appellant, Howard Magee and Otho Oldacre were jointly indicted in Trinity County for the murder of Dr. J. M. Gary. Otho Old-acre was not arrested. The venue was changed to the District Court of Walker by the court of its own motion, because appellant was related to numerous prominent and influential citizens in Trinity County, and this would preclude the State securing a fair trial.
Appellant filed a motion to dismiss the case in Walker County because…
2Cases cited2 opinions
- Attaway v. StateCourt of Criminal Appeals of Texas · 1900
- Phipps v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by18 opinions
- Fambrough v. WagleyTexas Supreme Court · 1943
- State v. ChurchillWashington Supreme Court · 1909
- Whiteside v. StateCourt of Criminal Appeals of Texas · 1930
- Rice v. StateCourt of Criminal Appeals of Texas · 1906
- McBride v. StateCourt of Criminal Appeals of Texas · 1932
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