Drake v. State
Court of Appeals of Texas
Appeal from the District Court of Hill, on change of venue from McLennan. Tried below before Hon. J. M. Hall. This is the appellant’s second appeal from conviction in the first degree for the murder of S. L. Guinn, the death penalty, as on the former conviction, being assessed. The evidence adduced on the former trial will be found summarized in the report beginning on page 293 of the 25th volume of these Eeports.
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Appeal from the District Court of Hill, on change of venue from McLennan. Tried below before Hon. J. M. Hall. This is the appellant’s second appeal from conviction in the first degree for the murder of S. L. Guinn, the death penalty, as on the former conviction, being assessed. The evidence adduced on the former trial will be found summarized in the report beginning on page 293 of the 25th volume of these Eeports. All of the witnesses who testified on the former trial did not testify on this, and a few of those who testified on this did not testify on the former trial. Practically, however,…
1Opinion of the Court
WILLSON, Judge.
This conviction is for murder in the first degree, the penalty assessed being death. It is a second conviction, the former conviction having been on appeal to this court set aside and a new trial awarded because of errors committed on the trial. 25 Texas Ct. App., 293. None of the questions presented and determined on the former appeal are involved on this appeal.
Preliminary to other questions demanding our consideration and decision is a question arising subsequent to the trial relating to the preparation and authentication of the statement of facts. Briefly stated, the facts…
2Cases cited7 opinions
- McCoy v. StateTexas Supreme Court · 1860
- Hooker v. WilliamsonTexas Supreme Court · 1883
- Holmes v. AndersonNew York Supreme Court · 1854
- McWilliams v. StateTexas Supreme Court · 1875
- King v. RussellTexas Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. MathesonSupreme Court of Iowa · 1905
- Webb v. City of SeattleWashington Supreme Court · 1945
- State v. HazzardWashington Supreme Court · 1913
- Willis v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Elizondo v. StateCourt of Criminal Appeals of Texas · 1936
14 more not listed; retrieve them via the Exa API.