Legal Opinion

Meyers v. State

Court of Criminal Appeals of Texas

Decided February 24, 1897No. 1221PublishedCited by 22 opinions

Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. Appeal from a conviction for murder in the first degree; penalty, a life term in the penitentiary. Appellant was indicted in the District Court of Milam, for the murder of one W. A. Binkley, by shooting him with a pistol, on the 14th day of January, 1894. The venue was changed upon application of defendant from the County of Milam to the County of Bell.

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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. Appeal from a conviction for murder in the first degree; penalty, a life term in the penitentiary. Appellant was indicted in the District Court of Milam, for the murder of one W. A. Binkley, by shooting him with a pistol, on the 14th day of January, 1894. The venue was changed upon application of defendant from the County of Milam to the County of Bell. Defendant was arrainged in Milam County before the venue was changed, and was afterwards again arraigned when put upon this trial in the District Court of Bell.…

1Opinion of the Court

HURT, Presiding Judge.

Appellant was tried and convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life; hence this appeal. The record in this case contains 107 type-written pages, and we have very carefully read the same. Several bills of exception were reserved by appellant. It appears from one of the bills of exception that appellant was arraigned before the venue in the case was changed to Bell County, and again arraigned; and it is the contention of appellant’s counsel that this was error. Concede that appellant was twice arraigned;…

2Cases cited1 opinion

  1. Cooper v. StateTexas Supreme Court · 1859

3Cited by22 opinions

  1. Bouldin v. StateCourt of Criminal Appeals of Texas · 1920
  2. Bennett v. StateCourt of Criminal Appeals of Texas · 1898
  3. Holland v. StateCourt of Criminal Appeals of Texas · 1910
  4. Keeton v. StateCourt of Criminal Appeals of Texas · 1945
  5. Powdrill v. StateCourt of Criminal Appeals of Texas · 1911

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