Legal Opinion

Blackshire v. State

Court of Criminal Appeals of Texas

Decided March 28, 1894No. 390PublishedCited by 10 opinions

Appeal from tbe District Court of Fort Bend. Tried below before Hon. T. S. Beese. Appellant was indicted for tbe murder of one Lint Shelton. At bis trial be was convicted of murder of tbe second degree, the punishment being affixed at a term of five years in tbe penitentiary. Tbe statement of facts was made up and filed after adjournment of tbe court for tbe term, but no order was entered of record in the minutes of tbe court allowing this to be done.

Read the full summary

Appeal from tbe District Court of Fort Bend. Tried below before Hon. T. S. Beese. Appellant was indicted for tbe murder of one Lint Shelton. At bis trial be was convicted of murder of tbe second degree, the punishment being affixed at a term of five years in tbe penitentiary. Tbe statement of facts was made up and filed after adjournment of tbe court for tbe term, but no order was entered of record in the minutes of tbe court allowing this to be done. The statement is indorsed by tbe judge, as follows: “Approved as a true statement of facts in evidence in tbe above entitled cause, and ordered…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in tbe second degree, and given a term of five years in tbe penitentiary. Tbe statement of facts was filed after adjournment of tbe term of court. The judge in approving same certifies that be ordered it “to be filed as such, in accordance with an order made in tbe case authorizing tbe statement of facts to be made up,and filed in ten days after adjournment,” but no such order is to be found in tbe record.

Article 1379, Bevised Statutes, provides that “tbe court may, by an order entered upon tbe record during tbe term, authorize tbe statement…

2Cases cited3 opinions

  1. Lockett v. SchurenbergTexas Supreme Court · 1884
  2. Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
  3. McGuire v. NewbillTexas Supreme Court · 1883

3Cited by10 opinions

  1. Denton v. StateCourt of Criminal Appeals of Texas · 1901
  2. Hamilton v. StateCourt of Criminal Appeals of Texas · 1912
  3. Wilson v. StateCourt of Criminal Appeals of Texas · 1911
  4. Toliver v. StateCourt of Criminal Appeals of Texas · 1912
  5. Mundine v. StateCourt of Criminal Appeals of Texas · 1906

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API