Marchan v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Aransas. Tried below before Hon. B. A. Stevens. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Francisco Rodrigues, on the 30th day of January, 1903, by shooting him with a gun.
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Appeal from the District Court of Aransas. Tried below before Hon. B. A. Stevens. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Francisco Rodrigues, on the 30th day of January, 1903, by shooting him with a gun. Deceased (who was called “Pancho”) and defendant had become offended at each other, but for what cause is not shown; and they had each made threats to kill the other. They had both been drinking the evening before the killing. Defendant was at a restaurant to get his…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the.first degree, and his punishment assessed at confinement in the penitentiary for life.
- Bill number 1 complains of the court refusing to permit appellant to withdraw the announcement, of ready and postpone the case because Jack Elgin, Esq., who was alleged to be the leading counsel, had withdrawn from appellant’s case. The bill shows that H. R. Sutherland, Jr., Esq., an attorney, had announced ready and started the trial of the cause, prior to the time that, said Elgin withdrew theerfrom.
The explanation of the trial court to the bill…
2Cases cited1 opinion
- Taylor v. StateCourt of Criminal Appeals of Texas · 1903
3Cited by3 opinions
- Howe v. StateCourt of Criminal Appeals of Texas · 1915
- Gray v. StateCourt of Criminal Appeals of Texas · 1930
- McBride v. StateCourt of Criminal Appeals of Texas · 1932