Legal Opinion

Carlile v. State

Court of Criminal Appeals of Texas

Decided June 24, 1921No. 6119PublishedCited by 15 opinions

Appeal from the District Court of Cass. Tried below before the Honorable H. F. O’Neal. Appeal from a conviction of murder; penalty, fifteen years’ imprisonment in the penitentiary. The opinion states the case.

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Appeal from the District Court of Cass. Tried below before the Honorable H. F. O’Neal. Appeal from a conviction of murder; penalty, fifteen years’ imprisonment in the penitentiary. The opinion states the case. On question of change ■of venue: Cortez v. State, 69 S. W. Rep., 536; Sorrell v. State, 169 id.,, 299; Streight v. State, 138 id., 742. On question of undisclosed motive of deceased: Winfrey v. State,. 56 S. W. Rep., 919; Cook v. State, 160 id.,' 465; Woodard v. State. 51 SW. Rep., 1112; Bradley v. State, 132 S. W. Rep., 488. On question of other offenses: Mercér v. State, 66 S. W.…

1Opinion of the Court

DATTIMORE, Judge.

Appellant was convicted in the District Court of Cass County of the murder of one John Lance, and given fifteen years in the penitentiary as punishment.

The issue made by the State based upon an affidavit attacking the credibility and means of knowledge of appellant’s compurgators in his application for change of venue, is in statutory form and the court did not err in overruling appellant’s demurrer thereto. It has been held' that upon the hearing of evidence upon the issue of change of venue, the trial court commits no error in enlarging the scope of the hearing to extend…

2Cases cited4 opinions

  1. Cook v. StateCourt of Criminal Appeals of Texas · 1913
  2. Barnett v. StateCourt of Criminal Appeals of Texas · 1915
  3. Tillman v. StateCourt of Criminal Appeals of Texas · 1907
  4. Burnett v. StateCourt of Criminal Appeals of Texas · 1901

3Cited by15 opinions

  1. Cockrell v. StateCourt of Criminal Appeals of Texas · 1938
  2. Carlile v. StateCourt of Criminal Appeals of Texas · 1923
  3. Stroud v. StateCourt of Criminal Appeals of Texas · 1929
  4. Gilmore v. StateCourt of Criminal Appeals of Texas · 1922
  5. Holland v. StateCourt of Criminal Appeals of Texas · 1931

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