Legal Opinion

Tweedle v. State

Court of Appeals of Texas

Decided June 10, 1891No. 7368PublishedCited by 14 opinions

Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The defendants, W. H. Tweedle, George Tweedle, and Tom Martin, were jointly indicted and tried for the murder of A. B. Tyler. The conviction was of murder in the second degree. The punishment assessed against each of the Tweedles was thirty years confinement in the penitentiary, and against Martin twenty-five years confinement in the penitentiary.

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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. The defendants, W. H. Tweedle, George Tweedle, and Tom Martin, were jointly indicted and tried for the murder of A. B. Tyler. The conviction was of murder in the second degree. The punishment assessed against each of the Tweedles was thirty years confinement in the penitentiary, and against Martin twenty-five years confinement in the penitentiary. The evidence is voluminous and only the substance of the material portions of it will be stated: A. B. Tyler was killed at his own house, in Bell County, on Sunday…

1Opinion of the Court

DAVIDSON, Judge.

A continuance by appellants was sought for the testimony of Mrs. Sivil, which was overruled. One of the grounds of the motion for a new trial was based on this action of the court. By her it was expected to be shown “that there were only three shots fired and that the first shot she took to be a shotgun, from the sound, as it *590was a different sound from the other two, and that Mrs. Tyler came to witness’ house in a few minutes after she heard the three shots and told her that the Tweedles had killed her husband. ’ ’ It was not only proved to be so but was an admitted fact that…

2Cases cited1 opinion

  1. Bruton v. StateTexas Supreme Court · 1858

3Cited by14 opinions

  1. Mathews v. StateCourt of Criminal Appeals of Texas · 1982
  2. Borrer v. StateCourt of Criminal Appeals of Texas · 1918
  3. Crabtree v. StateCourt of Criminal Appeals of Texas · 1939
  4. Morris v. StateCourt of Criminal Appeals of Texas · 1946
  5. Patterson v. StateCourt of Criminal Appeals of Texas · 1941

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