Marnoch v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. At the April term, 1878, of the District Court of Bexar County, the appellant was indicted for the murder of Charles Mueller, on the 18th of March, 1878, by shooting him with a gun. At the April term, 1879, a trial was had, and he was found guilty of murder in the second degree. His punishment was assessed and adjudged at twenty years’ confinement in the penitentiary.
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Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. At the April term, 1878, of the District Court of Bexar County, the appellant was indicted for the murder of Charles Mueller, on the 18th of March, 1878, by shooting him with a gun. At the April term, 1879, a trial was had, and he was found guilty of murder in the second degree. His punishment was assessed and adjudged at twenty years’ confinement in the penitentiary. The material evidence in the case, as well as other facts of interest, will be found in the opinion.
1Opinion of the CourtWhite, P. J.
Without confining ourselves to the order observed in the assignment of errors, or in the brief of counsel for the appellant as to the supposed errors, we will only notice one or two which seem to be mainly relied upon, before approaching the principal question upon which the determination of the case depends.
Exceptions were raised to the copy of the special venire served upon defendant, because the same was not ‘ ‘ certified by the clerk under the seal of the District Court of Bexar County.” This objection was settled in the case of Cordova v. The State, 6 Texas Ct. App. 208, which was also…
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