McCandless v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Coryell. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was indicted for the murder of Hill Walton on the 5th day of March, 1899, by shooting him with a-pistol. This is the second appeal in this case.
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Appeal from the District Court of Coryell. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was indicted for the murder of Hill Walton on the 5th day of March, 1899, by shooting him with a-pistol. This is the second appeal in this case. See McCandless v. State, ante, p. 58. On this trial the State relied wholly upon circumstantial evidence for a conviction, although it was shown that Monroe Latham, Allie Latham and Early McCandless, who had testified at the previous trial, were in…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years confinement in the penitentiary, hence this appeal.
This is the second appeal in this case, same having been reversed at a former term of this court, principally on the ground that the court gave a charge on provoking the difficulty, when same was not authorized by the evidence. See McCandless v. State, ante, p. 58.
After the testimony had been adduced, and during the argument of the case to the jury, appellant made a verbal motion to withdraw from the jury all the evidence…
2Cases cited5 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- Kidwell v. StateCourt of Criminal Appeals of Texas · 1895
- Darter v. StateCourt of Criminal Appeals of Texas · 1898
- Mayes v. StateCourt of Criminal Appeals of Texas · 1893
- Malcek v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by7 opinions
- Hall v. StateCourt of Criminal Appeals of Texas · 1902
- Holloway v. StateCourt of Criminal Appeals of Texas · 1903
- Davis v. StateCourt of Criminal Appeals of Texas · 1909
- Pugh v. StateCourt of Criminal Appeals of Texas · 1912
- Yancy v. StateCourt of Criminal Appeals of Texas · 1905
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