Legal Opinion

Phillips v. State

Court of Criminal Appeals of Texas

Decided February 26, 1896No. 850PublishedCited by 10 opinions

This appeal is from a conviction for robbery, the punishment being assessed at five years’ imprisonment in the penitentiary. The evidence shows the case to have been a railroad train robbery, and appellant was one of the parties charged to have been connected with its perpetration—the other parties being John Ward and George Sullivan.

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This appeal is from a conviction for robbery, the punishment being assessed at five years’ imprisonment in the penitentiary. The evidence shows the case to have been a railroad train robbery, and appellant was one of the parties charged to have been connected with its perpetration—the other parties being John Ward and George Sullivan. The robbery occurred on a train of the Texas Pacific railroad, on the 6th day of December, 1894, near Benbrook Station, in Tarrant County, Texas. The record discloses that, prior to the trial of this appellant, John Ward had been tried and convicted. The…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of robbing a train. The robbery was perpetrated by three persons, and appellant (John Phillips), John Ward and George Sullivan were charged with the robbery. John Ward was indicted and tried, and convicted. The record is silent as to Sullivan. Ward was indicted in a separate bill from Phillips. Ward’s case stood on the docket for trial before the case against appellant. The motion to quash the indictment was not well taken. See, Sargent v. State, ante p. 325. Mrs. Phillips was a witness forWard and her husband, John Phillips. She was in attendance upon…

2Cited by10 opinions

  1. Butler v. StateCourt of Criminal Appeals of Texas · 1973
  2. Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
  3. Harrold v. Territory of OklahomaCourt of Appeals for the Eighth Circuit · 1909
  4. Ostendorf v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Henderson v. StateCourt of Criminal Appeals of Texas · 1910

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