Carbough v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Camp. Tried below before the Hon. P. A. -Turner. Appeal front a conviction of murder in the first degree; penalty, imprisonment in the penitentiary for life. The facts in this case are substantially contained in the opinion of the court in the case of Wallace v. The State, 46 Texas Grim. Rep., 341.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was charged as an accomplice with the murder of J. P. Austin. This is a companion case to that of Wallace v. State,-13 Texas Ct. Rep., 612. The first question suggested for revision is the charge of the court, in which it is insisted that the court left the admissibility of the testimony to the jury. In Wallace v. State, supra, it is stated that the admissibility of testimony was for the court and not for the jury; that where the evidence was introduced, and it was an issue whether a proper predicate had been laid for it, the court having satisfied himself…
2Cases cited13 opinions
- International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
- Missouri, Kansas & Texas Railway Co. v. EyerTexas Supreme Court · 1902
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Carlisle v. StateCourt of Criminal Appeals of Texas · 1893
- Alberts v. Village of VernonMichigan Supreme Court · 1893
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3Cited by23 opinions
- Prystash v. StateCourt of Criminal Appeals of Texas · 1999
- State v. HamptonSupreme Court of New Jersey · 1972
- Whorton v. StateCourt of Criminal Appeals of Texas · 1913
- Duvall v. State, Texas Court of Appeals, 1st District (Houston)2006
- Moxie and Brackens v. StateCourt of Criminal Appeals of Texas · 1908
18 more not listed; retrieve them via the Exa API.