Murphy, Alias Jones v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Fort Bend. Tried below before Hon. Wells Thompson. Appeal from a conviction of murder in the first degree; penalty, death. Appellant was charged in the indictment with the murder of Oscar D. Kirkland, on the 2d day of November, 1898, by striking him with a pistol and with some instrument, the kind and character of which is unknown to the grand jury.
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Appeal from the District Court of Fort Bend. Tried below before Hon. Wells Thompson. Appeal from a conviction of murder in the first degree; penalty, death. Appellant was charged in the indictment with the murder of Oscar D. Kirkland, on the 2d day of November, 1898, by striking him with a pistol and with some instrument, the kind and character of which is unknown to the grand jury. The following statement of the important facts in the case, which is substantially correct, is taken from the brief filed in behalf of the State on this appeal: On the night of November 2, 1898, at his home in…
1Opinion of the Court
HENDERSON, Judge.
was convicted of murder, and his punshment assessed at death, and he prosecutes this appeal.
Appellant made a motion for change of venue, alleging prejudice against appellant in the county of Fort Bend. This was only sworn to by appellant with no compurgators. The application shows, as an excuse for failure to procure the compurgators, that appellant was a strange negro, and friendless, and the case was one of unusual interest, and a certain confession of appellant had been published in a newspaper, and had gone broadcast over the county, and so much prejudice had been…
2Cases cited1 opinion
- Reddick v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by20 opinions
- Gillespie v. StateCourt of Criminal Appeals of Oklahoma · 1960
- People v. SavageCalifornia Court of Appeal · 1944
- State v. BaldwinSupreme Court of Missouri · 1927
- State v. HoughtonOregon Supreme Court · 1903
- Turman v. StateCourt of Criminal Appeals of Texas · 1906
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