Ogle v. State
Court of Criminal Appeals of Texas
The indictment charged appellant with the murder of Allen Sams, on the 4th day of March, 1881, by shooting him with a pistol and a gun, and by setting fire to his clothing and burning him. This is the second time appellant' has appealed from a conviction for this murder.
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The indictment charged appellant with the murder of Allen Sams, on the 4th day of March, 1881, by shooting him with a pistol and a gun, and by setting fire to his clothing and burning him. This is the second time appellant' has appealed from a conviction for this murder. The former appeal will be found in Ogle v. State, 16 Texas Criminal Appeals, 361. There being no question raised on this appeal as to the sufficiency of the evidence to support the conviction, a statement of the evidence attendant upon the murder is not required.
1Opinion of the Court
DAVIDSON, Presiding Judge.
In 1883 appellant was convicted in Hill County of murder in the second degree, and his punishment assessed at ninety-nine years in the penitentiary. On appeal that judgment was affirmed. During our recent Dallas term application was made in his behalf for the writ of habeas corpus, on the ground that the conviction was void, and the court trying him had no jurisdiction because the indictment was presented by a grand jury consisting of thirteen men. On the hearing of the writ appellant was discharged from the penalty of the former conviction. On April 27, 1901, a new…
2Cases cited25 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- United States v. BallSupreme Court of the United States · 1896
- Chambers v. HodgesTexas Supreme Court · 1859
- Joy v. StateIndiana Supreme Court · 1860
- Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
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3Cited by44 opinions
- Ex Parte TraxlerCourt of Criminal Appeals of Texas · 1944
- Trinidad v. StateCourt of Criminal Appeals of Texas · 2010
- Slack v. GrigsbyIndiana Supreme Court · 1951
- Sledge, Ex Parte Casey TyroneCourt of Criminal Appeals of Texas · 2013
- Mitchell v. YouellCourt of Appeals for the Fourth Circuit · 1942
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