Longley v. State
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Silas Hare, judge of the criminal court of Dallas. It was charged by indictment that Longley “ did seriously threaten to take the life of T. G-. T. Kendall.”
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Appeal from Dallas. Tried below before the Hon. Silas Hare, judge of the criminal court of Dallas. It was charged by indictment that Longley “ did seriously threaten to take the life of T. G-. T. Kendall.” The accused pleaded former proceedings against him, consisting of an indictment for such threat to take the life of one L. G. T. Kendall, the impaneling of a jury in the ease, the submission by the court to the jury whether the initial letter of Kendall’s name in the indictment was L., the affirmative response by the jury, and the entry by the district attorney of a nolle prosequi in the…
1Opinion of the Court
Reeves, Associate Justice.
Appellant,who was charged with threatening to take the life of T. G. T. Kendall, appeals from a conviction assessing his punishment at two years’ confinement in the penitentiary.
Appellant complains of the action of the court in striking out his plea of former acquittal and overruling his motions for a new trial and in arrest of judgment.
The proceedings against John 3ST. Longley as set out m the plea of former acquittal can avail nothing as a defense to the present indictment, there being no verdict of acquittal and the case being dismissed by the district attorney.
The…
2Cited by10 opinions
- United States v. StickrathDistrict Court, S.D. Ohio · 1917
- Mays v. StateCourt of Criminal Appeals of Texas · 1907
- Shelton v. StateCourt of Criminal Appeals of Texas · 1909
- Tynes v. StateCourt of Appeals of Texas · 1884
- Diggs v. StateCourt of Criminal Appeals of Texas · 1911
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