Legal Opinion

Cockerell v. State

Court of Criminal Appeals of Texas

Decided February 17, 1894No. 369PublishedCited by 15 opinions

Appeal from the District Court of Stephens. Tried below before Hon. T. H. Conner. Appellant was indicted for the murder of W. M. Norton, and upon his trial was convicted of murder of the second degree, the punishment being-assessed at a term of twenty-five years imprisonment in the penitentiary. As soon as indicted and arrested, to-wit, December 1, defendant filed proper application for process to Ellis and Wise counties for the witness G-. C. Black.

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Appeal from the District Court of Stephens. Tried below before Hon. T. H. Conner. Appellant was indicted for the murder of W. M. Norton, and upon his trial was convicted of murder of the second degree, the punishment being-assessed at a term of twenty-five years imprisonment in the penitentiary. As soon as indicted and arrested, to-wit, December 1, defendant filed proper application for process to Ellis and Wise counties for the witness G-. C. Black. When called for trial, he moved for a continuance in order to obtain the testimony of said Black, for whom attachments had been duly and legally…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at twenty-five years in the penitentiary.

1. The application for continuance was properly overruled, as was the motion for new trial based upon the refusal of the continuance. The evidence adduced upon the trial shows the absent witness was- not at the point designated in said application, and had he testified as set forth therein, his testimony would not have been probably true. Every eyewitness to the transaction shows that the deceased was not advancing upon defendant, and that he had no…

2Cases cited1 opinion

  1. Ex Parte JonesCourt of Criminal Appeals of Texas · 1893

3Cited by15 opinions

  1. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  2. Fox v. StateCourt of Criminal Appeals of Texas · 1908
  3. Bailey v. StateCourt of Criminal Appeals of Texas · 1912
  4. Dougherty v. StateCourt of Criminal Appeals of Texas · 1910
  5. Sargent v. StateCourt of Criminal Appeals of Texas · 1895

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