Smith v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried ¡below before the Hon. J. H. Banton. At page 408 of this volume will be found the report of the •appeal of this same appellant from a judgment of conviction of murder in the second degree. The present case arose out of the same rencounter, and the two cases took the same course through the courts.
1Opinion of the Court
Ector, Presiding Judge.
The appellant was convicted at the April term, 1873, of the district court of McLennan ■county of an assault with intent to murder. No final judgment was then rendered upon the verdict of conviction, but the defendant attempted to take an appeal, and filed his transcript in the supreme court. On a suggestion of escape, in 1873, his pretended appeal was dismissed in the supreme ■court. He was again arrested, and the district court of McLennan county, at its November term, 1876, entered up :a final judgment nunc pro tunc, in accordance with the finding of the jury against…
2Cases cited6 opinions
- Martin v. StateTexas Supreme Court · 1874
- Sutton v. StateTexas Supreme Court · 1874
- Arthur v. StateTexas Supreme Court · 1848
- Bawcom v. StateTexas Supreme Court · 1874
- Bray v. StateTexas Supreme Court · 1874
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