Gibbs v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before Hon. Wm. M. Key. Appellant, was jointly indicted with one John Gibbs and one Andrew Sutton for the murder of Vitola Moleña, Sallie Moleña, and Mertez Moleña, by shooting them with guns and pistols. All the parties were placed jointly upon trial, but after the evidence for the State was adduced, on motion of the district attorney the prosecution as to John Gibbs was dismissed.
Read the full summary
Appeal from the District Court of Williamson. Tried below before Hon. Wm. M. Key. Appellant, was jointly indicted with one John Gibbs and one Andrew Sutton for the murder of Vitola Moleña, Sallie Moleña, and Mertez Moleña, by shooting them with guns and pistols. All the parties were placed jointly upon trial, but after the evidence for the State was adduced, on motion of the district attorney the prosecution as to John Gibbs was dismissed. As the result of the further trial Andrew Sutton was acquitted by the verdict, and this appellant J. P. Gibbs was convicted of murder in the first degree,…
1Opinion of the Court
WHITE, Presiding Judge.
The indictment in this case was a joint one for murder against J. P. Gibbs, John Gibbs, and Andrew Sutton, and the parties were put upon their trial jointly. The result of the trial was, that after the evidence for the State had been submitted, the district attorney made a motion, which was granted by the court, and the prosecution, in so far as defendant John Gibbs was concerned, was dismissed. As to the defendant Andrew Sutton, the verdict of the jury was, that he was not guilty, and he was discharged. This appellant was convicted of murder in the first degree, and…
2Cases cited1 opinion
- Lyles v. StateTexas Supreme Court · 1874
3Cited by5 opinions
- Gill v. StateCourt of Criminal Appeals of Texas · 1909
- Douglas v. StateCourt of Criminal Appeals of Texas · 1926
- Cox v. StateCourt of Criminal Appeals of Texas · 1911
- Whitmore v. StateCourt of Criminal Appeals of Texas · 1978
- Whitmore v. StateCourt of Criminal Appeals of Texas · 1978