Roe v. State
Court of Appeals of Texas
Appeal from the District Court of Grimes. Tried below below before the Hon. H. G. ELittrell. The indictment in this case was presented in open court by the grand jury of Walker county, Texas, on the seventh day of September, 1886. It charged the appellant with the murder, by poison, of his wife, Jennie Roe, in Walker county, Texas, on the seventh day of April, 1886. Upon the motion of the appellant, the venue of the case was changed to Madison county, and thence, by the…
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Appeal from the District Court of Grimes. Tried below below before the Hon. H. G. ELittrell. The indictment in this case was presented in open court by the grand jury of Walker county, Texas, on the seventh day of September, 1886. It charged the appellant with the murder, by poison, of his wife, Jennie Roe, in Walker county, Texas, on the seventh day of April, 1886. Upon the motion of the appellant, the venue of the case was changed to Madison county, and thence, by the court, upon its own motion, to Grimes county. This trial, which was had at the October term, 1887, of the Grimes county…
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted for the murder of his wife by poison. There were two changes of venue in the case—the first at defendant’s instance and based upon both the grounds mentioned in the statute. (Code Criminal Procedure, art. 578.) The second was at the suggestion of the de« *65fendant, but upon the court’s own motion, on the ground of undue excitement of the public mind and attempted mob violence in Madison county (to which the venue had first been changed), rendering it probable that a trial alike fair and impartial to the accused and the State could not be had in said…
2Cases cited3 opinions
- Bishop v. StateTexas Supreme Court · 1875
- People v. KeenanCalifornia Supreme Court · 1859
- Coleman v. StateTexas Supreme Court · 1875
3Cited by5 opinions
- Fry v. StateCourt of Criminal Appeals of Oklahoma · 1944
- Spicer v. StateCourt of Criminal Appeals of Texas · 1907
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1937