Morton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eastland. Tried below before Hon. IN. E. Lindsey. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. . Appellant was charged by the indictment with murder of Ernest Thompson, on the 2d day of April, 1901, by shooting him with a gun and pistol.
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Appeal from the District Court of Eastland. Tried below before Hon. IN. E. Lindsey. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. . Appellant was charged by the indictment with murder of Ernest Thompson, on the 2d day of April, 1901, by shooting him with a gun and pistol. Briefly stated, the evidence shows that a number of young men were returning on horseback, on a moonshining night, from a dance which they had attended, and were in a boisterous humor, galloping their horses and firing off their pistols. Some of the…
1Opinion of the Court
HEHDEBSOH, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years, and prosecutes this appeal.
There is no merit in appellant’s application for continuance. The Bussells were evidently not at the dance on the night in question, as none of the witnesses saw them. Mrs. Clements was too remote from the scene of the homicide, and her testimony had no particular bearing on the question at issue. Hor was there any error in admitting the testimony of Dr. Groom, as explained by the court. This witness…
2Cases cited8 opinions
- Cooper v. StateTexas Supreme Court · 1859
- Godwin v. StateCourt of Criminal Appeals of Texas · 1897
- Holley v. StateCourt of Criminal Appeals of Texas · 1898
- Blain v. StateCourt of Criminal Appeals of Texas · 1894
- Strange v. StateCourt of Criminal Appeals of Texas · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Parker v. StateCourt of Criminal Appeals of Texas · 1904
- Mays v. StateCourt of Criminal Appeals of Texas · 1978
- Willis v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Woodward v. StateCourt of Criminal Appeals of Texas · 1906
- Key v. StateCourt of Criminal Appeals of Texas · 1946
15 more not listed; retrieve them via the Exa API.