Legal Opinion

Prewett v. State

Court of Criminal Appeals of Texas

Decided November 22, 1899No. 2046PublishedCited by 6 opinions

Appeal from the District Court of Red River. Tried below before Hon. E. D. McClellan. Appeal from a conviction of murder in the second degree; penalty,. twenty-five years imprisonment in the penitentiary. 'The indictment charged this appellant and Irving Thompson and Lewis Hopkins jointly with the murder of Jesse Simon, on the 24th of December, 1897, by hitting and striking him with a stick and with. a rail, and with a club, and with a piece of rail, and with some weapon to…

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Appeal from the District Court of Red River. Tried below before Hon. E. D. McClellan. Appeal from a conviction of murder in the second degree; penalty,. twenty-five years imprisonment in the penitentiary. 'The indictment charged this appellant and Irving Thompson and Lewis Hopkins jointly with the murder of Jesse Simon, on the 24th of December, 1897, by hitting and striking him with a stick and with. a rail, and with a club, and with a piece of rail, and with some weapon to the grand jurors unknown. A severance was- granted upon motion of defendants, and appellant Frank Prewett was alone…

1Opinion of the Court

BROOKS, Judge.

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

We find no bill of exceptions in the record, and will consider appellant’s grounds for new trial as contained in- his motion for new-trial. His first ground is: “That the verdict of the jury is contrary-to the law and the evidence, the evidence being wholly insufficient to support the conviction, and is not of that -conclusive nature as required by law in cases of circumstantial evidence, and fails to show to a moral…

2Cited by6 opinions

  1. Bosley v. StateCourt of Criminal Appeals of Texas · 1913
  2. Pinckard v. StateCourt of Criminal Appeals of Texas · 1911
  3. Steen v. StateCourt of Criminal Appeals of Texas · 1936
  4. Camp v. StateCourt of Criminal Appeals of Texas · 1936
  5. Pinckard v. StateCourt of Criminal Appeals of Texas · 1911

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