Phipps v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment assessed being five years’ imprisonment in the penitentiary. This is the second appeal taken in this case, and the leading features of the case will be found stated in the opinion on the former appeal of Phipps v. State, 34 Tex. Crim. Rep., 560. The facts pertaining to the ■errors assigned on this appeal are sufficiently stated in the opinion, and •a further elaboration is unnecessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder, and given five years in the penitentiary, and prosecutes this appeal. Appel lant made a motion for a continuance, based on the absence of one Ed Garrison, who was alleged to reside in Jack County, and who had been duly subpoenaed on the 9th of March, 1895. This case was tried on the 12th of March, 1896; and the application shows that the witness was present at the intervening terms, and that he only ascertained on Sunday, March 8, 1896, that said witness was at Bowie, Montague County, Texas, and that he immediately procured an attachment to…
2Cited by10 opinions
- Holmes v. StateCourt of Criminal Appeals of Texas · 1912
- Adams v. StateCourt of Criminal Appeals of Texas · 1922
- Dobkins v. State Ex Rel. ReeceCourt of Appeals of Texas · 1929
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1915
- Roberts v. StateCourt of Criminal Appeals of Texas · 1912
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