Brown v. State
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. Peter W. Gray. This was an indictment against the appellant, for the murder of Robert McIntyre. The indictment charged the killing to have occurred on the 6th day of March, 1858, in the county of Grimes. The indictment was found on the 22d day of April, of the same year, and a trial had at the same term.
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Appeal from Grimes. Tried below before the Hon. Peter W. Gray. This was an indictment against the appellant, for the murder of Robert McIntyre. The indictment charged the killing to have occurred on the 6th day of March, 1858, in the county of Grimes. The indictment was found on the 22d day of April, of the same year, and a trial had at the same term. The defendant moved for a continuance of the case; the affidavit on which the application was based, in addition to the contents thereof, as recited in the opinion, further stated, that “ this defendant did not know that he could prove these…
1Opinion of the CourtRoberts, J.
The affidavit for a continuance was not sufficient. The defendant states that he is “informed” that he can prove by one Stucky and others, that there were two other men threatening the life of, and carrying weapons for, the deceased, at and before the time of his death. He neither states the source of his information, so as to enable the court to judge of its reliability, nor does he even state that he believes it to be true, nor does he disclose whether or not he is informed of the names of the persons thus said to have been so threatening.
The evidence on the trial shows that there were two…
2Cases cited1 opinion
- Cooper v. StateTexas Supreme Court · 1857
3Cited by35 opinions
- Bartlett v. StateCourt of Criminal Appeals of Texas · 2008
- Stooksbury v. SwanTexas Supreme Court · 1893
- Bishop v. StateTexas Supreme Court · 1875
- Johnson v. TimmonsTexas Supreme Court · 1878
- Hendrix v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
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