Briscoe v. State
Court of Criminal Appeals of Texas
The indictment charged Mack Jones, Abe Briscoe, appellant, and-Martha DeCosta with the murder of one William Payne, on the 24tb of January, 1896, by cutting him with a knife or striking with some-instrument to the grand jurors unknown. Upon motion of defendants-a severance was had, and appellant, Abe Briscoe, alone placed on trialj Mack Jones having been previously tried and acquitted.
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The indictment charged Mack Jones, Abe Briscoe, appellant, and-Martha DeCosta with the murder of one William Payne, on the 24tb of January, 1896, by cutting him with a knife or striking with some-instrument to the grand jurors unknown. Upon motion of defendants-a severance was had, and appellant, Abe Briscoe, alone placed on trialj Mack Jones having been previously tried and acquitted. Martha De-Costa testified as a witness on this trial, and the District Attorney stated that he had agreed to dismiss the case as to her. The parties to the homicide were all negroes, defendant a preacher.…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the second degree, and allotted a term of twenty-five years in the penitentiary, and appeals. The indictment was against Mack Jones, Abe Briscoe, and Martha De Costa. Appellant was placed upon trial, and the prosecution dismissed as to the other two defendants, and they were used as witnesses on the trial of the case. Appellant reserved a bill of exceptions to the action of the court in permitting a written statement, made and sworn to by the defendant, to be read in evidence before the jury. Said statement was taken by J. T. Mahoney,…
2Cited by11 opinions
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- McPherson v. StateIndiana Supreme Court · 1912
- Holder v. StateCourt of Criminal Appeals of Texas · 1917
- Jones v. StateCourt of Criminal Appeals of Texas · 1911
- Coker v. StateCourt of Criminal Appeals of Texas · 1913
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