Osborne v. State
Court of Appeals of Texas
Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. By the indictment in this case, it is charged that Ed. Osborne, the appellant, on December 22, 1886, did willfully, unlawfully, and with express malice aforethought, kill and murder one West Kirby, by shooting him with a pistol and a gun, loaded and charged with gunpowder and bullets.
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Appeal from the District Court of Colorado. Tried below before the Hon. George McCormick. By the indictment in this case, it is charged that Ed. Osborne, the appellant, on December 22, 1886, did willfully, unlawfully, and with express malice aforethought, kill and murder one West Kirby, by shooting him with a pistol and a gun, loaded and charged with gunpowder and bullets. In March, 1887, the accused was tried, and was found guilty of murder in the first degree, with the penalty of death assessed therefor. The appellant and the deceased were freedmen and neighbors, living within the corporate…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a conviction of murder in the first degree, the penalty of death being assessed by the judgment in the court below.
On the trial, after defendant’s application for a continuance had been overruled and both parties had announced ready for trial upon the merits, a jury having been selected, impaneled and sworn, but before the defendant had been arraigned or pleaded to the indictment, the district attorney moved the court, in writing, for leave to amend the caption of the indictment with regard to the time at which the term of the District Court was…
2Cases cited2 opinions
- Mathews v. StateTexas Supreme Court · 1875
- Bates v. StateTexas Supreme Court · 1857
3Cited by1 opinion
- Roberts v. StateCourt of Criminal Appeals of Texas · 1972