Mitchell v. State
Court of Criminal Appeals of Texas
This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. One Frank Williams, a negro, was killed in the city of Richmond, Fort Bend County, on the night of the 24th of September, 1895. Appellant, A. H. Mitchell, and one J. K. Neal, were separately indicted for his murder.
Read the full summary
This appeal is from a conviction for murder in the second degree, the punishment being assessed at five years’ imprisonment in the penitentiary. One Frank Williams, a negro, was killed in the city of Richmond, Fort Bend County, on the night of the 24th of September, 1895. Appellant, A. H. Mitchell, and one J. K. Neal, were separately indicted for his murder. When the case was called for trial, appellant made affidavit, under the statute, for a severance, to have Neal first tried, and a severance was granted by the court. Thereupon the District Attorney nolle prossed and dismissed the case…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was tried in the court below on the charge of murder, was convicted of murder in the second degree, and given five years in the penitentiary. From said judgment and sentence he prosecutes this appeal. Appellant made a motion for a continuance, Avhich Avas overruled by the court. He presented the same question in a motion for a new trial, Avhich was also overruled, and he assigns the action of the court in this regard as error. Appellant desired to continue the case on account of the absence of the folloAving Avitnesses, alleged to reside in Fort Bend County,…
2Cases cited2 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Hubbard v. StateSupreme Court of Alabama · 1882
3Cited by82 opinions
- State v. KociolekSupreme Court of New Jersey · 1955
- Cline v. SawyerWyoming Supreme Court · 1979
- McDougal v. StateCourt of Criminal Appeals of Texas · 1917
- Mayfield v. StateCourt of Criminal Appeals of Texas · 1986
- People v. PociaskCalifornia Supreme Court · 1939
77 more not listed; retrieve them via the Exa API.