Legal Opinion

Fisher v. State

Court of Appeals of Texas

Decided December 2, 1891No. 3911PublishedCited by 13 opinions

Appeal from the District Court of Delta. Tried below before Hon. E. W. Terhune. The appellant was indicted for the murder of one Austin Hardy, who was his brother-in-law. The only defense was insanity. At the trial he was convicted of murder in the first degree, and his punishment assessed by the verdict and judgment at death. All the essential facts are stated in the opinion.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of the murder of Austin Hardy on July 5, 1891, and the jury assessed against him the death penalty.

There was an application for a continuance made by appellant for the testimony of several witnesses who were alleged to be absent. They were five in number. Two of these—Dr. Becton and Brownlow Coston— testified on the trial, and another, Mrs. Patterson, was tendered to and *504excused by appellant. The remaining two—Mrs. Hollon and Charles Green—did not attend.

Green was a stranger to defendant, and never met him until during the month of September subsequent…

2Cited by13 opinions

  1. Green v. StateCourt of Criminal Appeals of Texas · 1912
  2. State v. ShuffIdaho Supreme Court · 1903
  3. Crouchett v. StateCourt of Criminal Appeals of Texas · 1925
  4. Shield v. StateCourt of Criminal Appeals of Texas · 1931
  5. Henson v. StateCourt of Criminal Appeals of Texas · 1914

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