Legal Opinion

Cain v. State

Court of Criminal Appeals of Texas

Decided June 29, 1900No. 2250PublishedCited by 8 opinions

Appeal "from the District Court of Anderson, on change of venue from Henderson County. Tried below before Hon. A. D. Lipscomb. Appeal from a conviction of accomplice to murder; penafty, imprisonment for life in the penitentiary. The indictment, in two counts, charged appellant as an accomplice to the murder of Jim Humphries.

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Appeal "from the District Court of Anderson, on change of venue from Henderson County. Tried below before Hon. A. D. Lipscomb. Appeal from a conviction of accomplice to murder; penafty, imprisonment for life in the penitentiary. The indictment, in two counts, charged appellant as an accomplice to the murder of Jim Humphries. First count charges Joe and Walter Wilkerson and John Greenhaw with the murder of Jim Humphries, by hanging him with a rope to a tree, in Henderson County, on the 33d day of May, 1899; and that Ed. Cain, prior thereto, in Henderson County, on the 33d day of March, 1899,…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted as an accomplice in the murder of Jim Humphries, and his punishment assessed at confinement in the penitentiary for life. The principals named in the indictment are Joe Wilkerson, Walter Wilkerson, and John Greenhaw.

The action of the court in changing the venue and refusing a severance has been treated in "the companion case of Stevens v. State, ante, p. 154. It is unnecessary to discuss those features of this case.

The court approved a bill of exceptions which was filed as a part of the record. Subsequently, but during the term, this bill was…

2Cases cited2 opinions

  1. East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
  2. Harris v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by8 opinions

  1. Funk v. StateCourt of Criminal Appeals of Texas · 1919
  2. Connell v. StateCourt of Criminal Appeals of Texas · 1904
  3. Proctor v. StateCourt of Criminal Appeals of Texas · 1908
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1915
  5. Scurlock v. FairchildsCourt of Appeals of Texas · 1913

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