Legal Opinion

Scott v. State

Court of Criminal Appeals of Texas

Decided March 25, 1902No. 2359PublishedCited by 6 opinions

Appeal from the District Court of Callahan, on a change of venue from Scurry County. Tried below before Hon. H.-R. Lindsey. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of W. C. Haley, in Scurry County, on the 16th day of August, 1901, by shooting him with a pistol.

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Appeal from the District Court of Callahan, on a change of venue from Scurry County. Tried below before Hon. H.-R. Lindsey. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of W. C. Haley, in Scurry County, on the 16th day of August, 1901, by shooting him with a pistol. The parties were living upon and occupying parts of the same section of land, and the difficulty, which finally culminated in the homicide, originated with regard to the fences dividing their respective…

1Opinion of the Court

HEHDEBSOH, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years; hence this appeal.

Appellant’s first proposition is with reference to the jurisdiction of the court; it being insisted by him that the term fixed by law for holding court in Scurry County was the 16th day of September, 1901, the same being Monday; and that the judge did not appear on said day; that he only put in an appearance on Tuesday, the 17th, and that no court was begun and holden on the 16th, under article 1071, Eevised…

2Cases cited8 opinions

  1. People v. SanchezCalifornia Supreme Court · 1864
  2. Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
  3. People v. . SullivanNew York Court of Appeals · 1889
  4. Pilot v. StateCourt of Criminal Appeals of Texas · 1897
  5. In re TerrillSupreme Court of Kansas · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Porter v. StateCourt of Criminal Appeals of Texas · 1905
  2. Hendrick v. StateCourt of Criminal Appeals of Oklahoma · 1937
  3. Greer v. StateCourt of Criminal Appeals of Texas · 1922
  4. Stewart v. StateCourt of Criminal Appeals of Texas · 1915
  5. Stewart v. StateCourt of Criminal Appeals of Texas · 1915

1 more not listed; retrieve them via the Exa API.

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