Legal Opinion

Ethington v. State

Texas Supreme Court

Decided July 1, 1872Published

Appeal from Fayette. Tried below before the Hon. X B. McFarland. The general character and leading features of this ■case are indicated in the opinion of the court. A detail of the evidence is unnecessary, in view of the questions •decided. Able and elaborate arguments were filed by the counsel in this case, but they deal mostly with the evidence .and the facts.

1Opinion of the CourtOgden, J.

This cause was decided at the last term -of this court, affirming the judgment of the lower court. A motion for a rehearing was sustained, and the caséis .now again submitted upon additional briefs.

In the several briefs filed before and since the granting of a rehearing, the counsel claim that the judgment in this case should be reversed because of the error of the court in overruling the motion for a new trial, for the reason that the verdict and judgment were contrary -.to the evidence adduced on the trial of the cause. And it is contended, in effect, that this court in criminal •cases…

2Cases cited3 opinions

  1. Billard v. StateTexas Supreme Court · 1867
  2. Couch v. StateTexas Supreme Court · 1859
  3. Cox v. StateTexas Supreme Court · 1870

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