Preston v. State
Court of Appeals of Texas
Appeal from the District Court of Cooke. Tried below before the Hon. J. A. Carroll. This is the fifth and last of the series of appeals to this court from convictions for murder in the first degree resulting from the midnight massacre of William England, his wife and two. of her children, on August 26, 1876. It is the second appeal of Preston from convictions in the District Court of Cooke County, to which the venue of the cause was changed from Montague County, in which the…
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Appeal from the District Court of Cooke. Tried below before the Hon. J. A. Carroll. This is the fifth and last of the series of appeals to this court from convictions for murder in the first degree resulting from the midnight massacre of William England, his wife and two. of her children, on August 26, 1876. It is the second appeal of Preston from convictions in the District Court of Cooke County, to which the venue of the cause was changed from Montague County, in which the savage tragedy was enacted. A report of his first appeal will be found at page 186 of volume 4 of these Reports. In the…
1Opinion of the CourtClark, J.
From a second conviction for the murder of Selena England the defendant James Preston has again appealed to this court, and asks that a new trial be awarded him. Upon his former appeal, the judgment of conviction was declared invalid because of a refusal of the court below to grant him a continuance on account of the absence of material witnesses in his behalf, and because upon his trial illegal evidence was admitted against him over his objection. 4 Texas Ct. App. 186. Numerous errors are again assigned and discussed in his behalf upon this appeal; but, upon examination, many of them are…
2Cases cited1 opinion
- People v. RobinsonCourt Of Oyer And Terminer New York · 1854