Oates v. State
Court of Criminal Appeals of Texas
The wife of the deceased testified that Holley Vann and defendant came into deceased’s store by a side door about ten or fifteen minutes after 9 o’clock on the night of the 29th day of November, 1904, and called for a sack of Durham tobacco, and as deceased handed them the tobacco, the two men drew their pistols and told him to hold up his hands.
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The wife of the deceased testified that Holley Vann and defendant came into deceased’s store by a side door about ten or fifteen minutes after 9 o’clock on the night of the 29th day of November, 1904, and called for a sack of Durham tobacco, and as deceased handed them the tobacco, the two men drew their pistols and told him to hold up his hands. Deceased, after remonstrating with them awhile, told them to go to the cash drawer and help themselves and to take whatever they wanted, bnt they never answered him and tried to shoot him. The witness then got up to get her pistol out of the bedroom,…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.
Before announcement of ready for trial, appellant made an affidavit for a severance. The affidavit showed that there was pending against Hollis Vann, Frank McCue and Will Dalton separate indictments, charging them with the same offense; that the evidence of all of said parties was material to appellant’s defense; that there was not sufficient evidence against said parties, or either of them, to secure their conviction ; therefore he asked that said parties be first…
2Cases cited10 opinions
- Barrara v. StateTexas Supreme Court · 1874
- Wilkins v. StateCourt of Criminal Appeals of Texas · 1896
- Stevens v. StateCourt of Criminal Appeals of Texas · 1900
- Ex Parte GreenhawCourt of Criminal Appeals of Texas · 1899
- Shaw v. StateCourt of Criminal Appeals of Texas · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1976
- Oates v. StateCourt of Criminal Appeals of Texas · 1912
- Newton v. StateCourt of Criminal Appeals of Texas · 1923
- Oates v. StateCourt of Criminal Appeals of Texas · 1909
- Grant v. StateCourt of Criminal Appeals of Texas · 1910
15 more not listed; retrieve them via the Exa API.