Legal Opinion

Henry v. State

Court of Criminal Appeals of Texas

Decided November 10, 1897No. 1555PublishedCited by 16 opinions

Appeal from the District Court of Wise, on change of venue from Denton. Tried below before Hon. J. W. Patterson.' Appeal from a conviction for murder in the first degree; penalty assessed at death.

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Appeal from the District Court of Wise, on change of venue from Denton. Tried below before Hon. J. W. Patterson.' Appeal from a conviction for murder in the first degree; penalty assessed at death. Appellant was charged by the indictment with the murder of Floyd Coberly, by striking and beating him with a stick of wood, in Denton County, on the 33d of February, 1897. Deceased, Frank Coberly, was the jailer of Denton County. - He had been acting as such about ten days preceding his death. Defendant, George Henry, and two other negroes, Arthur Gilmore and Will Miller, had been tried and…

1Opinion of the Court

HENDERSON, Judge.

was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.

Appellant was indicted under the name of George Henry. On the trial he suggested that his name was Grant Carter, and not George Henry, ■ and that the prosecution proceed against him in his true name. The court refused to change the name and appellant excepted. In explanation of the bill, the'Court states that defendant had been arraigned under the name of George Henry, and entered a plea of not guilty under said name before the order changing the venue to Wise County was made…

2Cases cited1 opinion

  1. Wilcox v. StateTexas Supreme Court · 1869

3Cited by16 opinions

  1. Bowden v. StateCourt of Criminal Appeals of Texas · 1982
  2. Giles v. StateCourt of Criminal Appeals of Texas · 1912
  3. Dixon v. StateCourt of Criminal Appeals of Texas · 1922
  4. Govance v. StateCourt of Criminal Appeals of Texas · 1928
  5. Calyon v. StateCourt of Criminal Appeals of Texas · 1915

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