Legal Opinion

Parker v. State

Court of Criminal Appeals of Texas

Decided March 4, 1894No. 315PublishedCited by 16 opinions

Appeal from' tbe District Court of Nueces. Tried below before Hon. J. C. Russell. Appellant and one Yndalacio Rosales were jointly indicted for the murder of Elias Mussett. Defendant filed a motion, in conformity with the provisions of article 669a of the Code of Criminal Procedure, for severance, in order that said Rosales might first be tried.

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Appeal from' tbe District Court of Nueces. Tried below before Hon. J. C. Russell. Appellant and one Yndalacio Rosales were jointly indicted for the murder of Elias Mussett. Defendant filed a motion, in conformity with the provisions of article 669a of the Code of Criminal Procedure, for severance, in order that said Rosales might first be tried. Rosales had on the day before filed a similar motion in his case with regard to a severance from defendant, and, though it does not clearly appear, we infer from the record that he objected to the granting of appellant’s motion. At all events, the…

1Opinion of the Court

SIMKINS, Judge.

The appellant was convicted of the murder of Elias Mussett, and sentenced to imprisonment in the penitentiary for life, from which judgment he appeals to this court. The facts are few, but significant. Mussett, the marshal of Corpus Christi, was shot by appellant, who was one of his policemen. It seems that there was ill feeling between the parties, existing perhaps for years'. On the night of the homicide the parties met near a dance, and the marshal taunted the appellant with being run out by some revellers the night before. He denied it, and stated that the marshal’s…

Also in this document: Concurrence.

2Cited by16 opinions

  1. Ex Parte McKayCourt of Criminal Appeals of Texas · 1917
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1919
  3. Hennington v. StateCourt of Criminal Appeals of Texas · 1924
  4. Brown v. StateCourt of Criminal Appeals of Texas · 1920
  5. Butler v. StateCourt of Criminal Appeals of Texas · 1936

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