Legal Opinion

Hammons v. State

Court of Criminal Appeals of Texas

Decided February 16, 1895No. 572PublishedCited by 4 opinions

Appeal from the District Court of Llano. Tried below before Hon. W. M. Allison. The indictment in this case charged appellant with the murder of Captain Thomas II. Dunn, in Llano County, on the 24th day of March, 1894. At his trial in the District Court of said county, on the 4th day of June, 1894, he was convicted of murder in the first degree, his punishment being assessed at imprisonment in the penitentiary for life.

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Appeal from the District Court of Llano. Tried below before Hon. W. M. Allison. The indictment in this case charged appellant with the murder of Captain Thomas II. Dunn, in Llano County, on the 24th day of March, 1894. At his trial in the District Court of said county, on the 4th day of June, 1894, he was convicted of murder in the first degree, his punishment being assessed at imprisonment in the penitentiary for life. He appealed to the Court of Criminal Appeals, and, by order of the District Judge, was removed for safe custody to the jail of Travis County, to await the result of the…

1Opinion of the Court

HURT, Presiding Judge.

The Attorney General has filed a motion to dismiss the appeal in this case, on the ground that the appellant escaped from the custody of the sheriff of Travis County pending his appeal. This escape occurred Sunday evening at about 7 o’clock p. m. He surrendered himself to the sheriff of Burnet County at 11:45 p. m. on the following Wednesday week. The motion to dismiss the appeal was resisted by the ap]j>ellant on the ground that he had surrendered within the time prescribed by the statute, which is ten days after his escape. We hold that the day upon which the escape…

2Cited by4 opinions

  1. Hardy v. City of ThrockmortonCourt of Appeals of Texas · 1934
  2. Mitchell v. StateCourt of Criminal Appeals of Texas · 1925
  3. Storey v. StateCourt of Criminal Appeals of Texas · 1922
  4. Story v. StateCourt of Criminal Appeals of Texas · 1922

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