Legal Opinion

Loggins v. State

Court of Appeals of Texas

Decided July 1, 1882PublishedCited by 3 opinions

Appeal from the District Court of Austin. Tried below before the Hon. L. W. Moore. At page 435 of Volume 8 of these Reports will be found the case of Henry Loggins v. State, on appeal from a former conviction for murder in the first degree and an assessment of a life-term in the penitentiary. The present appeal is from a second conviction and a similar assessment.

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Appeal from the District Court of Austin. Tried below before the Hon. L. W. Moore. At page 435 of Volume 8 of these Reports will be found the case of Henry Loggins v. State, on appeal from a former conviction for murder in the first degree and an assessment of a life-term in the penitentiary. The present appeal is from a second conviction and a similar assessment. In nearly all substantial particulars the evidence at the last trial was the same as that at the first, which is sufficiently embodied in the former report of the cause. At the last trial in the court below, however, the evidence…

1Opinion of the CourtWhite, P. J.

On the former appeal in this case, where the verdict and judgment were the same as on this appeal, viz., murder in the first degree with imprisonment for life in the penitentiary, the judgment was reversed and the cause remanded for a new trial- because of the admission of incompetent evidence against the defendant. 8 Texas Ct. App. 434.

Two jurors, Lass and Sterns, were challenged for cause by defendant, and the challenge was overruled by the court and defendant compelled to exhaust peremptory challenges upon them, which he did, and thereby succeeded in ridding himself of them. But it is…

2Cases cited10 opinions

  1. Burrell v. StateTexas Supreme Court · 1857
  2. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Johnson v. StateTexas Supreme Court · 1865
  4. Benton v. StateSupreme Court of Arkansas · 1875
  5. State v. WinnerSupreme Court of Kansas · 1876

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3Cited by3 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1927
  2. Lowe v. StateCourt of Criminal Appeals of Texas · 1920
  3. Fakes v. EloyAppellate Court of Illinois · 2014

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