Legal Opinion

Alarcon v. State

Court of Criminal Appeals of Texas

Decided December 7, 1904No. 3062PublishedCited by 4 opinions

Appeal from the District Court of Coleman. Tried below before Hon. Jno. W. Goodwin. Appeal from a conviction of murder in the second degree; penalty, twelve years imprisonment in the penitentiary. The principal State’s witness, Holbert, testified substantially that deceased, Horace Garrett, and witness were together going north on the west side of the street in Coleman, in front of J. B. Warren’s store.

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Appeal from the District Court of Coleman. Tried below before Hon. Jno. W. Goodwin. Appeal from a conviction of murder in the second degree; penalty, twelve years imprisonment in the penitentiary. The principal State’s witness, Holbert, testified substantially that deceased, Horace Garrett, and witness were together going north on the west side of the street in Coleman, in front of J. B. Warren’s store. “Just as we were at the south edge of Warren’s corner, we met two persons; I could not tell who they were until they spoke, then I knew they were Mexicans. One was longer than the other; the…

1Opinion of the Court

HEHDEESOH, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twelve years; hence this appeal.

Appellant questions the action of the court refusing to change the venue. The grounds alleged being that a formidable combination existed in Coleman County of influential citizens against appellant, and that so great a prejudice existed in said county against him as to render it improbable that he could get a fair and impartial trial. As to the first proposition it is not necessary to discuss it, as the only…

2Cases cited4 opinions

  1. Randle v. StateCourt of Criminal Appeals of Texas · 1894
  2. Gallaher v. StateCourt of Criminal Appeals of Texas · 1899
  3. Barnes v. StateCourt of Criminal Appeals of Texas · 1900
  4. Meyers v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by4 opinions

  1. Warren v. StateCourt of Criminal Appeals of Texas · 1912
  2. Coffman v. StateCourt of Criminal Appeals of Texas · 1911
  3. Curry v. StateCourt of Criminal Appeals of Texas · 1912
  4. Barnett v. StateCourt of Criminal Appeals of Texas · 1915

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