Cockerell v. State
Court of Criminal Appeals of Texas
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.
Read the full summary
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
- Ex Parte JonesCourt of Criminal Appeals of Texas · 1893
3Cited by15 opinions
- Douglas v. StateCourt of Criminal Appeals of Texas · 1910
- Fox v. StateCourt of Criminal Appeals of Texas · 1908
- Bailey v. StateCourt of Criminal Appeals of Texas · 1912
- Dougherty v. StateCourt of Criminal Appeals of Texas · 1910
- Sargent v. StateCourt of Criminal Appeals of Texas · 1895
10 more not listed; retrieve them via the Exa API.