Easterwood v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder of the second degree, the punishment having been assessed at twenty years’ imprisonment in the penitentiary. This is a companion case to Hamblin v. The State, ante, p. 368, and the essential facts in the two cases are the same. Inasmuch as these facts have been fully reported in the Hamblin case, it is not necessary to reproduce them here.
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This appeal is from a conviction for murder of the second degree, the punishment having been assessed at twenty years’ imprisonment in the penitentiary. This is a companion case to Hamblin v. The State, ante, p. 368, and the essential facts in the two cases are the same. Inasmuch as these facts have been fully reported in the Hamblin case, it is not necessary to reproduce them here. The new questions involved in this case are fully illustrated in the opinion, without the necessity of additional statements.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was allotted twenty years in the penitentiary, under a conviction of murder in the second degree. His application for a continuance was on account of the absence of W. H. Kendrick and wife, by whom he expected to prove that he was at home, about a quarter of a mile distant from the scene of the shooting, at the time deceased was shot. Quite a number of witnesses testified to this alibi, and several were present, under the rule, for the purpose of testifying to the same fact, but were not introduced by him. Mrs. Kendrick appeared during the trial, and testified. Those…
2Cases cited6 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- United States v. KleinSupreme Court of the United States · 1872
- United States v. WilsonSupreme Court of the United States · 1833
- Knote v. United StatesSupreme Court of the United States · 1877
- Carlisle v. United StatesSupreme Court of the United States · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Thomas v. StateCourt of Criminal Appeals of Texas · 1990
- Ex Parte BronsonCourt of Criminal Appeals of Texas · 1952
- Pueblo v. RamírezSupreme Court of Puerto Rico · 1936
- Holmes v. StateCourt of Criminal Appeals of Texas · 1913
- Hamblin v. StateCourt of Criminal Appeals of Texas · 1899
35 more not listed; retrieve them via the Exa API.