Legal Opinion

Spencer v. State

Court of Criminal Appeals of Texas

Decided March 16, 1895No. 620PublishedCited by 14 opinions

Appellant was indicted for the murder of one Frank White, on May 4, 1894, in Wichita County. At his trial he was convicted of mnrder of the second degree, his punishment being assessed at twelve years’ imprisonment in the penitentiary. In view of the disposition made of the appeal, no statement can be made as to the evidence adduced at the trial. The agreement with reference to the filing of the statement of facts and bills of exception will be found copied in the opinion.

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Appellant was indicted for the murder of one Frank White, on May 4, 1894, in Wichita County. At his trial he was convicted of mnrder of the second degree, his punishment being assessed at twelve years’ imprisonment in the penitentiary. In view of the disposition made of the appeal, no statement can be made as to the evidence adduced at the trial. The agreement with reference to the filing of the statement of facts and bills of exception will be found copied in the opinion. After the first opinion below, affirming the judgment, was handed down, counsel for appellant, on the 27th day of March,…

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried in the District Court of Wichita County under an indictment charging him with murder. The jury trying the cáse found him guilty of murder in the second degree and assessed his punishment at twelve years in the penitentiary, and from the judgment and sentence in the case he prosecutes this appeal.

The question that presents itself at the threshold of the case is whether or not we can consider the statement of facts and bills of exception as a part of the record in this case. The record shows, that the court adjourned on July 2, 1894. The bills of…

2Cited by14 opinions

  1. Croomes v. StateCourt of Criminal Appeals of Texas · 1899
  2. Hopkins v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Lamb v. StateSupreme Court of Florida · 1925
  4. Chalk. v. StateCourt of Criminal Appeals of Texas · 1895
  5. Puryear v. StateCourt of Criminal Appeals of Texas · 1906

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