Stringfellow v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Caldwell. Tried below before Hon. H. Teichmueller. Appeal from a conviction of murder in the second degree; penalty, eight years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of John Monkhouse, on the 25th day of September, 1897, by cutting him with a knife.
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Appeal from the District Court of Caldwell. Tried below before Hon. H. Teichmueller. Appeal from a conviction of murder in the second degree; penalty, eight years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of John Monkhouse, on the 25th day of September, 1897, by cutting him with a knife. The salient features of the evidence, showing the circumstances immediately attendant upon the homicide, may be gathered readily from the two opinions below, and no further detailed statement is required. The questions discussed in the opinions need no further…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at eight years confinement in the penitentiary.
The judgment should be reversed because the witness Pickel was not permitted to testify, as shown by bill of exceptions. On a former trial Pickel took down the testimony as a sworn stenographer. On the trial which resulted in this conviction several of the witnesses materially changed their testimony. In order to contradict them the predicate was laid as to their former testimony. Pickel was introduced for the purpose of impeachment.…
2Cases cited4 opinions
- Dearmond v. DearmondIndiana Supreme Court · 1858
- Red v. StateCourt of Criminal Appeals of Texas · 1898
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Waldon v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by25 opinions
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- Texas Employers' Ins. Ass'n v. WadeCourt of Appeals of Texas · 1946
- Lewis v. O'HairCourt of Appeals of Texas · 1939
- Criminal Injuries Compensation Board v. RemsonCourt of Appeals of Maryland · 1978
- Arnwine v. StateCourt of Criminal Appeals of Texas · 1908
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