Legal Opinion

Cole v. State

Court of Criminal Appeals of Texas

Decided June 17, 1903No. 2523PublishedCited by 25 opinions

Appeal from the District Court of Brown, on a change of venue from Coleman County. Tried below before Hon. John S. Goodwin. Appeal from a conviction of murder in the second degree; penalty, eight years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of C. C. Hudson, on the 29th day of June, 1902, by shooting him with a gun. Deceased was the father-in-law of appellant.

Read the full summary

Appeal from the District Court of Brown, on a change of venue from Coleman County. Tried below before Hon. John S. Goodwin. Appeal from a conviction of murder in the second degree; penalty, eight years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of C. C. Hudson, on the 29th day of June, 1902, by shooting him with a gun. Deceased was the father-in-law of appellant. The record is very voluminous, but the important' facts connected with the killing are sufficiently stated in the opinion.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at confinement in the penitentiary for a term of eight j^ears.

The killing occurred in Coleman County, and the trial took place in Brown County, on change of venue. The record is unnecessarily voluminous. There is a great deal of reiteration in the facts; and the pleadings and other .documents used on the trial are repeated in the transcript. This court has frequently condemned this manner of making up transcripts, and there is no apparent reason why such thing should occur. The…

2Cited by25 opinions

  1. People v. LoganCalifornia Supreme Court · 1917
  2. State of Oregon v. NodineOregon Supreme Court · 1953
  3. State v. PorterWest Virginia Supreme Court · 1925
  4. Flege v. StateNebraska Supreme Court · 1913
  5. State v. PorterSupreme Court of Missouri · 1918

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API