Sims v. State
Court of Criminal Appeals of Texas
Appellant, by indictment found by the grand jury of Calhoun County, was charged with the murder of Louis Foster on the 2nd day of October, 1894. The indictment was returned into court in Calhoun County on the 13th day of November, 1894. On the 16th day of November, 1894, upon motion of the District Attorney, stating the statutory grounds, after hearing the evidence in support of the motion, the court changed the venue of the ease to Victoria County.
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Appellant, by indictment found by the grand jury of Calhoun County, was charged with the murder of Louis Foster on the 2nd day of October, 1894. The indictment was returned into court in Calhoun County on the 13th day of November, 1894. On the 16th day of November, 1894, upon motion of the District Attorney, stating the statutory grounds, after hearing the evidence in support of the motion, the court changed the venue of the ease to Victoria County. At the time this motion was - heard and granted, the jury had been discharged, no special venire had been ordered summoned to try the case, no…
1Opinion of the Court
Appellant was convicted of murder in the second degree, and his punishment assessed at five years in the penitentiary, and he prosecutes this appeal. Appellant's first bill of exceptions relates to the action of the court in changing the venue. It appears that the indictment in this case was presented in Calhoun County, and that a motion was made for a change of venue by the "District Attorney. Appellant claims that the court erred in changing the venue when it did, because at the time no special venire had been summoned in the case, and said case could not be legally called up, the criminal…
2Cases cited4 opinions
- Davis v. StateCourt of Appeals of Maryland · 1874
- Price v. StateCourt of Appeals of Maryland · 1849
- People v. PayneCalifornia Supreme Court · 1857
- Lockwood v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by39 opinions
- Martinez v. StateCourt of Criminal Appeals of Texas · 1993
- Keaton v. StateCourt of Criminal Appeals of Texas · 1900
- Taylor v. StateCourt of Criminal Appeals of Texas · 1900
- McCorquodale v. StateCourt of Criminal Appeals of Texas · 1905
- McVea v. VerkinsCourt of Appeals of Texas · 1979
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