Bearden v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Palo Pinto. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. The indictment charged appellant with the murder of' Lovie Bearden (his brother), on the 7th day of August, 1902, by shooting him with a gun. Defendant and deceased were alone at the time of the shooting— there were no eyewitnesses.
Read the full summary
Appeal from the District Court of Palo Pinto. Tried below before Hon. W. J. Oxford. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. The indictment charged appellant with the murder of' Lovie Bearden (his brother), on the 7th day of August, 1902, by shooting him with a gun. Defendant and deceased were alone at the time of the shooting— there were no eyewitnesses. The evidence shows that defendant had leased the tract of land, some distance from his home, where the killing occurred, and there was a well upon the place. Deceased was…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of seven years.
Appellant sought a continuance for want of the testimony of one J. T. Banspot, alleging: That he was one of the .attorneys in the case, and under contract to be present at the trial, and, relying on which contract, defendant did not cause process to be issued for him. “That defendant is informed and believes that said witness is now at home, sick with the mumps, and not physically able to attend the court. Defendant expects to prove by…
2Cases cited4 opinions
- Ware v. StateCourt of Criminal Appeals of Texas · 1896
- Carroll v. StateCourt of Criminal Appeals of Texas · 1893
- Payne v. StateCourt of Criminal Appeals of Texas · 1899
- Head v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by8 opinions
- Williamson v. StateCourt of Criminal Appeals of Texas · 1914
- State v. SipesSupreme Court of Iowa · 1926
- Holder v. StateCourt of Criminal Appeals of Texas · 1917
- State v. SellaNevada Supreme Court · 1917
- Monday v. StateCourt of Criminal Appeals of Texas · 1921
3 more not listed; retrieve them via the Exa API.