Moore v. State
Court of Criminal Appeals of Texas
One of the principal State’s witnesses described the shooting substantially as follows: that the deceased had just left her house and just as he turned to walk off, witness noticed defendant coming from his home;. witness saw him right by the fence on the sidewalk; that he was coming up the street towards witness’ house, walking pretty fast; that witness did not see anything in defendant’s hand at first, but saw a gun afterwards; that defendant was holding it down by his…
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One of the principal State’s witnesses described the shooting substantially as follows: that the deceased had just left her house and just as he turned to walk off, witness noticed defendant coming from his home;. witness saw him right by the fence on the sidewalk; that he was coming up the street towards witness’ house, walking pretty fast; that witness did not see anything in defendant’s hand at first, but saw a gun afterwards; that defendant was holding it down by his side, and witness could only see the point of the gun when it flew up; that defendant had not said anything before witness…
1Opinion of the Court
DAVIDS OH, Presiding Judge.
Appellant was convicted of manslaughter, and his punishment fixed at five years confinement in the penitentiary. The opinion delivered on the former appeal is found in 10 Texas Ct. Rep., 26. To dispose of some of the questions arising on the plea to the jurisdiction and the motion to change the venue, it is necessary to recite a brief history of the case. The killing occurred in Lamar County, and on change of venue was transferred to Fannin County. Conviction was had. Appeal was prosecuted resulting in a reversal, because of error in changing the venue to Fannin…
2Cases cited3 opinions
- Brown v. StateCourt of Criminal Appeals of Texas · 1893
- Phipps v. StateCourt of Criminal Appeals of Texas · 1895
- Crass v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by6 opinions
- State v. RobersonSupreme Court of Louisiana · 1925
- Moreno v. StateCourt of Criminal Appeals of Texas · 1911
- Ex Parte Otis H. GibsonCourt of Criminal Appeals of Texas · 1939
- Price v. StateCourt of Criminal Appeals of Texas · 1952
- Moore v. StateCourt of Criminal Appeals of Texas · 1919
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