Legal Opinion

Boyett v. State

Court of Appeals of Texas

Decided December 15, 1887No. 2266PublishedCited by 6 opinions

Appeal from the District Court of Taylor, on change of venue from Nolan. Tried below before the Hon. William Kennedy. The conviction in this case was in the first degree for the murder of Ben Warren, in Nolan county, Texas, on the tenth day of February, 1885. The penalty assessed was a life term in the penitentiary.

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Appeal from the District Court of Taylor, on change of venue from Nolan. Tried below before the Hon. William Kennedy. The conviction in this case was in the first degree for the murder of Ben Warren, in Nolan county, Texas, on the tenth day of February, 1885. The penalty assessed was a life term in the penitentiary. Beginning on page 17 of the nineteenth volume of these Reports will be found a full report of the proceedings had upon the habeas corpus trial, under the appellant’s application for bail. Inasmuch, however, as the evidence adduced upon this trial is much more comprehensive, a re…

1Opinion of the Court

Hurt, Judge.

Appellant, being indicted for the murder of Ben Warren, was tried and convicted of murder of the first degree, and was sentenced to a life term in the penitentiary.

We will notice the alleged errors in the order in which they are assigned. First. “The court erred in changing the venue from Nolan to Taylor county.” The court of its own motion changed the venue of the case from Nolan to Taylor county. Appellant objects because, Sweetwater being the county seat of Nolan county, Colorado City the county seat of Mitchell county, and Abilene the county seat of Taylor county, he contends…

2Cases cited4 opinions

  1. Jones v. StateTexas Supreme Court · 1854
  2. March v. StateTexas Supreme Court · 1875
  3. Jack v. StateTexas Supreme Court · 1861
  4. Wakefield v. StateTexas Supreme Court · 1874

3Cited by6 opinions

  1. West v. StateCourt of Criminal Appeals of Texas · 1960
  2. Bonds v. StateMississippi Supreme Court · 1932
  3. Somers v. StateCourt of Criminal Appeals of Texas · 1914
  4. Lowe v. StateCourt of Criminal Appeals of Texas · 1920
  5. Watson v. StateCourt of Criminal Appeals of Texas · 1917

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