Powers v. State
Court of Appeals of Texas
Appeal from the District Court of Taylor. Tried below before Charles I. Evans, Esq., special judge. The indictment in this case was presented at the October term, 1886, of the district court of Taylor county, and charged that the appellant, Til C. Powers, on September 20, 1886, o'f his express malice aforethought, did assault, kill and murder A. J. Eubank, alias Jack Eubank, by cutting him with a knife.
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Appeal from the District Court of Taylor. Tried below before Charles I. Evans, Esq., special judge. The indictment in this case was presented at the October term, 1886, of the district court of Taylor county, and charged that the appellant, Til C. Powers, on September 20, 1886, o'f his express malice aforethought, did assault, kill and murder A. J. Eubank, alias Jack Eubank, by cutting him with a knife. The trial commenced on October 27, 1886, and resulted in a conviction for murder in the first degree, with the penalty of a life term in the penitentiary. The first witness for the State was…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a conviction of murder in the first degree, with a life term in the peniten*61tiary assessed for punishment. The record is quite voluminous, containing seventeen bills of exception reserved to matters occurring during the progress of the trial, a motion for a new trial embracing twenty-five specific grounds, and a motion to stay proceedings based upon five grounds. We do not propose to notice, much less attempt to discuss in this opinion all the questions thus raised, but will select for examination only those which we deem worthy of discussion, stating…
2Cases cited3 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Tuttle v. . the PeopleNew York Court of Appeals · 1867
- State v. DavidsonSupreme Court of Missouri · 1879
3Cited by21 opinions
- Noble v. StateCourt of Appeals of Maryland · 1982
- Tischmacher v. StateCourt of Criminal Appeals of Texas · 1949
- Willis v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Solice v. StateArizona Supreme Court · 1920
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1940
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