Powell v. State
Court of Appeals of Texas
Appeal from the District Court of Atascosa. Tried below before the Hon. D. P. Harr. The indictment was filed November 8, 1883, and charged the appellant and Mike Wright and James Mission, jointly, with the theft of one head of cattle, the property of G-. W. M. Duck, in Atascosa county, Texas, on the 27th day of May, 1883. A severance was had and appellant was first placed upon trial, but the jurjq after retirement in charge of the case, were discharged before finding a…
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Appeal from the District Court of Atascosa. Tried below before the Hon. D. P. Harr. The indictment was filed November 8, 1883, and charged the appellant and Mike Wright and James Mission, jointly, with the theft of one head of cattle, the property of G-. W. M. Duck, in Atascosa county, Texas, on the 27th day of May, 1883. A severance was had and appellant was first placed upon trial, but the jurjq after retirement in charge of the case, were discharged before finding a verdict, and over appellant’s objection reserved by bill of exceptions. At a subsequent day of the same term he was again…
1Opinion of the Court
White, Puksiding Judge.
In this case appellant was twice placed upon his trial under the indictment at the same term of the district court. The result of the first trial and the causes are shown by defendant’s bill of exceptions, which recites the facts as follows, viz.: “Be it remembered that on the trial of this cause the same was submitted to the jury on the evidence, argument of counsel and charge of the court, and the jury retired to consider of their verdict, and on the same day, after being out about one hour and a half, returned into court and stated they could not agree; that they…
2Cases cited37 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Wayman v. SouthardSupreme Court of the United States · 1825
- People v. GoodwinNew York Supreme Court · 1820
- People v. WebbCalifornia Supreme Court · 1869
- State v. GleasonSupreme Court of Florida · 1868
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3Cited by6 opinions
- Lewis, Ex Parte Swanda MarieCourt of Criminal Appeals of Texas · 2007
- Lewis, Ex Parte Swanda MarieCourt of Criminal Appeals of Texas · 2007
- Opinion No., Texas Attorney General Reports1998
- Opinion No., Texas Attorney General Reports1990
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1998
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