Legal Opinion

Carlson v. State

Court of Appeals of Texas

Decided July 1, 1878Published

Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker, Special Judge. The appellant was charged by indictment, filed November 1, 1866, with the murder of August Nelson, in Williamson County, on May 17, 1866. Appellant was put upon his trial in Williamson County on September 16, 1878, found guilty of murder in the second degree, and sentenced to nine years’ confinement in the penitentiary, assessed as his punishment by the jury.

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Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker, Special Judge. The appellant was charged by indictment, filed November 1, 1866, with the murder of August Nelson, in Williamson County, on May 17, 1866. Appellant was put upon his trial in Williamson County on September 16, 1878, found guilty of murder in the second degree, and sentenced to nine years’ confinement in the penitentiary, assessed as his punishment by the jury. The special judge who tried the case, by an oversight, failed to certify the statement of facts, but filed an affidavit afterwards,…

1Opinion of the CourtWinkler, J.

At the September term, 1878, of the District Court of Williamson County, the appellant was tried for the murder of one August Nelson, charged in the indictment, which was presented on November 1, 1866, to have been committed in the county of Williamson, on May 17, A. D. 1866. On the trial the accused was convicted of murder in the second degree, and his punishment assessed at confinement in the State penitentiary for a period of nine years. A motion for a new trial was made and over*201ruled, and from the judgment of conviction this appeal is prosecuted.

We are not permitted to inquire into…

2Cases cited4 opinions

  1. Kelso v. TownsendTexas Supreme Court · 1854
  2. Keef v. StateTexas Supreme Court · 1876
  3. Lacey v. AsheTexas Supreme Court · 1858
  4. Bennett v. DowlingTexas Supreme Court · 1859

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