Brown v. State
Court of Appeals of Texas
Appeal from the District Court of Freestone. Tried below before the Hon. D. M. Prendergast. The character of this case is clearly indicated, and the substance of the evidence is disclosed, in the opinion of the court. It may be added, however, that two of the State’s witnesses, Hamilton and Blackwell, testified positively that Brown, the appellant, fired the shot by which Emma Dailey was killed.
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Appeal from the District Court of Freestone. Tried below before the Hon. D. M. Prendergast. The character of this case is clearly indicated, and the substance of the evidence is disclosed, in the opinion of the court. It may be added, however, that two of the State’s witnesses, Hamilton and Blackwell, testified positively that Brown, the appellant, fired the shot by which Emma Dailey was killed. Hamilton’s evidence, however, disclosed the further fact that he was himself under indictment in Navarro County for the same murder. Emma Dailey lived several days after she was shot, and her…
1Opinion of the CourtEctor, P. J.
This was an indictment for murder in the first degree, found in the District Court of Navarro County, against the defendant, for the murder of one Emma Dailey, on November 26, 1876, in the city of Corsicana.
Upon the application of defendant, a change of venue was granted to Freestone County. At the April term, 1878, of the District Court of Freestone County, the case was tried ; the jury found the defendant guilty of murder in the second degree, and assessed his punishment at seven years’ confinement in the penitentiary. A judgment was entered in accordance with the finding of the jury; and…
2Cases cited2 opinions
- Farrer v. StateTexas Supreme Court · 1874
- Perry v. StateTexas Supreme Court · 1876