Yancey v. State
Court of Criminal Appeals of Texas
Appellant was indicted in the District Court of Guadalupe County for the murder of Russell Eclcols, on or about the 15th day of November, 1901, tcby striking and beating him with a piece of iron pipe, and by then and there striking and beating the said Russell Eckols with an instrument which is to the grand jurors unknown, and which could not after careful investigation be ascertained.”
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Appellant was indicted in the District Court of Guadalupe County for the murder of Russell Eclcols, on or about the 15th day of November, 1901, tcby striking and beating him with a piece of iron pipe, and by then and there striking and beating the said Russell Eckols with an instrument which is to the grand jurors unknown, and which could not after careful investigation be ascertained.” Upon Ms plea of not gMlty the jury returned a verdict of guilty of murder in the second degree, and from which verdict and judgment appellant appeals to this court. The evidence was purely circumstantial, as…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for twenty-five years.
The case is one of purely circumstantial evidence. The sufficiency of the evidence to support the conviction is one of the points relied upon for reversal. Under the disposition to be made of the case we pretermit a discussion of the facts upon this suggestion of appellant.
The killing occurred some time during the night. Deceased lived six miles nearly south of Luling. He left home about 2 or 3 o’clock on the evening preceding…
2Cases cited3 opinions
- Hamlin v. StateCourt of Criminal Appeals of Texas · 1898
- Adams v. StateCourt of Criminal Appeals of Texas · 1895
- Nicks v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by2 opinions
- King v. StateCourt of Criminal Appeals of Texas · 1973
- Haggart v. StateCourt of Criminal Appeals of Texas · 1915