Burrell v. State
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. Nelson H. Hunger. The appellants, James Burrell and James R. Burns, were indicted on the 8th of November, 1854, for the murder of William Bird. The indictment charged the immediate act of killing upon each, and that the other was present, aiding, &e. The murder was alleged to have been committed on the 15th of August, 1854; and the defendants were in custody.
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Appeal from Austin. Tried below before the Hon. Nelson H. Hunger. The appellants, James Burrell and James R. Burns, were indicted on the 8th of November, 1854, for the murder of William Bird. The indictment charged the immediate act of killing upon each, and that the other was present, aiding, &e. The murder was alleged to have been committed on the 15th of August, 1854; and the defendants were in custody. At same Term, the case was continued upon affidavit, drawn as the affidavit of Burrell, but signed by both defendants, and certified as “ sworn to and subscribed before me this 11th day of…
1Opinion of the CourtWheeler, J.
The law makes no provision for a third continuance ; and whether it shall be granted or not must rest in the sound discretion of the Court. It would require a strong case to warrant the control of that discretion, by this Court. In Hipp v. Huchett, (4 Tex. R. 20,) this Court said, “ The ‘‘ Legislature has not defined the requisites of a third applica- “ tion; and we may well hold, as a general rule, that it is “ addressed to the discretion of the Court, to be guided in its “judicious exercise, by the nature of the case, the circumstan- “ stances under which the application is made, and the…
2Cited by87 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Ellison v. StateCourt of Criminal Appeals of Texas · 1968
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Mercer v. StateSupreme Court of Florida · 1898
- People v. HillCalifornia Court of Appeal · 1946
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