Hines v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Marion. Tried below before Hon. J. M. Talbot. Appeal from a refusal of motion for new trial and in arrest of judgment on a conviction, which was rendered the 29th day of June, 1889, of murder in the first degree; penalty, death. ■ Appellant was indicted for the murder of Ike Bailey, a negro, on the ■28th day of March, 1888. Defendant made a motion for new trial, which was overruled at the •term when he was convicted, and he appealed, and his…
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Appeal from the District Court of Marion. Tried below before Hon. J. M. Talbot. Appeal from a refusal of motion for new trial and in arrest of judgment on a conviction, which was rendered the 29th day of June, 1889, of murder in the first degree; penalty, death. ■ Appellant was indicted for the murder of Ike Bailey, a negro, on the ■28th day of March, 1888. Defendant made a motion for new trial, which was overruled at the •term when he was convicted, and he appealed, and his appeal was dismissed on account of his escape from custody. The facts pertaining to this attempted second appeal are…
1Opinion of the Court
ALLEH, Special Presiding Judge.
On the 29th day of June, 1889, the appellant, Bob Hines, was convicted in the District Court of Marion County, Texas, of the crime of- murder, and his punishment was assessed at the death penalty, from which judgment and conviction the appellant perfected an appeal to the Court of Appeals, which then had jurisdiction of criminal cases. Pending that appeal, Hines escaped from the custody of the officer, and, upon that fact being brought to the attention of the Court of Appeals, the court dismissed the case, under article 880, Code of Criminal Procedure, which…
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