Legal Opinion

Guagando v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 34 opinions

Appeal from Guadalupe. Tried below before the Hon. J". P. White. Andreas Guagando was convicted for the murder of Salome Puentes, in Guadalupe county, on the night of ¡¡November 9, 1873. After the defendant’s application for continuance had been overruled and a jury selected, Ms counsel presented to the court the affidavit of Kossuth Puentes, that the defendant was then insane, and asked leave to file a plea suggesting insanity, based on the affidavit, and that the trial be…

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Appeal from Guadalupe. Tried below before the Hon. J". P. White. Andreas Guagando was convicted for the murder of Salome Puentes, in Guadalupe county, on the night of ¡¡November 9, 1873. After the defendant’s application for continuance had been overruled and a jury selected, Ms counsel presented to the court the affidavit of Kossuth Puentes, that the defendant was then insane, and asked leave to file a plea suggesting insanity, based on the affidavit, and that the trial be postponed until the question of insanity could be determined. This application was refused for reasons stated at length…

1Opinion of the Court

Devine, Associate Justice.

Appellant was indicted, charged with the murder of Salome Fuentes, and has appealed from a j udgment of murder in the first degree.

The several bills of exception, motion for a new trial, and the assignment of errors, present the questions on which a reversal of the judgment of the District Court is asked.

The first assignment of error, that “ the court erred in overruling defendant’s motion for a continuance,” cannot be sustained. The affidavit for a continuance states that the residence of the witness, whose absence was the alleged ground of continuance, was unknown,…

2Cited by34 opinions

  1. State v. OlsenTexas Supreme Court · 1962
  2. Brandon v. StateCourt of Criminal Appeals of Texas · 1980
  3. Sisco v. StateCourt of Criminal Appeals of Texas · 1980
  4. Townsend v. StateCourt of Criminal Appeals of Texas · 1968
  5. State v. HarrisonWest Virginia Supreme Court · 1892

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