Gaines v. State
Court of Criminal Appeals of Texas
Defendant and the deceased were brothers-in-law, defendant having married deceased’s sister. The parties had been at enmity for some time prior to the killing; deceased claiming that defendant had maltreated his sister, and in consequence of which he had time and again persuaded her to leave her husband. It is also in evidence that deceased had killed a brother of defendant.
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Defendant and the deceased were brothers-in-law, defendant having married deceased’s sister. The parties had been at enmity for some time prior to the killing; deceased claiming that defendant had maltreated his sister, and in consequence of which he had time and again persuaded her to leave her husband. It is also in evidence that deceased had killed a brother of defendant. Some time prior to the killing involved in this prosecution, Charles Koch, the deceased, went to defendant’s house, and, calling his sister out to the gate, endeavored to get her to promise to leave her husband, the…
1Opinion of the Court
HERDERS OR, Judge.
Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life; hence this appeal. A number of bills of exception are presented, on which a reversal is asked. Only such as are deemed important will be discussed.
1. Appellant’s first bill of exceptions brings in review the action of the district judge who tried this cause in refusing to grant a change of venue. The change of venue in this case was asked on the ground of prejudice on the part of the judge. To present this matter fully, the motion to change the…
2Cases cited6 opinions
- Slaven v. WheelerTexas Supreme Court · 1882
- People v. WilliamsCalifornia Supreme Court · 1864
- McCauley v. WellerCalifornia Supreme Court · 1859
- McWilliams v. StateTexas Supreme Court · 1875
- Abrams v. StateCourt of Criminal Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Red v. StateCourt of Criminal Appeals of Texas · 1898
- Merritt v. StateCourt of Criminal Appeals of Texas · 1898
- Richards v. StateCourt of Criminal Appeals of Texas · 1908
- Stewart v. StateCourt of Criminal Appeals of Texas · 1907
24 more not listed; retrieve them via the Exa API.