Jackson v. State
Court of Appeals of Texas
Appeal from the District Court of Wharton. Tried below before Hon. W. H. Burkhart. • This is an appeal from a judgment of conviction in the court below for murder in the first degree, wherein the punishment was assessed at a life-term in the penitentiary. It appeared that sometime before the killing the defendant and Ephraim Edwards, the deceased, had had their first difficulty about some gambling transactions.
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Appeal from the District Court of Wharton. Tried below before Hon. W. H. Burkhart. • This is an appeal from a judgment of conviction in the court below for murder in the first degree, wherein the punishment was assessed at a life-term in the penitentiary. It appeared that sometime before the killing the defendant and Ephraim Edwards, the deceased, had had their first difficulty about some gambling transactions. This trouble between them was intensified by the defendant paying attentions to deceased’s “woman.” Some month or more before the killing, defendant and this woman were riding along…
1Opinion of the Court
DAVIDSON, Judge.
It is provided by article 584 of the Code of Criminal Procedure, that “the order of the judge granting or refusing a change of venue shall not be revised upon appeal unless the facts upon which the same was based are presented in a bill of exceptions, properly signed and approved, and filed at the term of court at which said order was made.” Under this rule the facts should have been embodied in and brought up by a bill of exceptions. Bowden v. The State, 12 Texas Ct. App., 246; Blackwell v. The State, 29 Texas Ct. App., 194. There being no statement of facts incorporated in…
2Cited by5 opinions
- Cadena v. StateCourt of Criminal Appeals of Texas · 1923
- Gonzales v. StateCourt of Criminal Appeals of Texas · 1910
- Steel v. StateCourt of Criminal Appeals of Texas · 1918
- Steel v. StateCourt of Criminal Appeals of Texas · 1918
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1948