Legal Opinion

Gilleland v. State

Texas Supreme Court

Decided July 1, 1875PublishedCited by 25 opinions

Appeal from Dallas. Tried below before tbe Hon. H. Barksdale, holding the Criminal Court of Dallas. Lowe Gilleland was indicted for the murder of Sam Stevens, and was put upon bis trial before Hon. H. Barks-dale, who exchanged with the Judge of the Criminal Court of the city of Dallas. Defendant was convicted, and his punishment fixed at ten years in the penitentiary. The facts appear in the opinion.

1Opinion of the Court

Moore, Associate Justice.

The objection that the venue *358of the offense was not proved, as alleged in the indictment, is not well taken. Moffit, one of the witnesses for the State, after testifying that he knew Stevens, whom appellant is charged to have murdered, says “ he died in Lancaster, in Dallas county, Texas, of a gun-shot wound in the head. I saw the flash of the pistol, fired by the defendant, that inflicted the wound. Stevens lived some hours—from middle of afternoon. He died some time early in the night.” Though this witness does not state in direct terms that the wound which caused…

2Cases cited2 opinions

  1. Horbach v. StateTexas Supreme Court · 1875
  2. Sheldon v. City of San AntonioTexas Supreme Court · 1860

3Cited by25 opinions

  1. State v. CainWest Virginia Supreme Court · 1882
  2. Adami v. StateCourt of Criminal Appeals of Texas · 1975
  3. State v. HatfieldWest Virginia Supreme Court · 1900
  4. State v. MorettiWashington Supreme Court · 1912
  5. Alexander v. StateCourt of Criminal Appeals of Texas · 1911

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