Legal Opinion

Coleman v. State

Court of Criminal Appeals of Texas

Decided May 1, 1901No. 2140PublishedCited by 4 opinions

Appeal from the District Court of Smith. Tried below before Hon. J. G. Bussell. Appeal from a conviction of murder in the second degree; penalty, twelve years imprisonment in the penitentiary. The appellant was charged by indictment with the murder of Jose Boberson, on the 19th day of October, 1900, by shooting him with a pistol. The evidence, as recorded in the statement of facts, is most voluminous.

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Appeal from the District Court of Smith. Tried below before Hon. J. G. Bussell. Appeal from a conviction of murder in the second degree; penalty, twelve years imprisonment in the penitentiary. The appellant was charged by indictment with the murder of Jose Boberson, on the 19th day of October, 1900, by shooting him with a pistol. The evidence, as recorded in the statement of facts, is most voluminous. The essential facts immediately attendant upon the killing may be stated very briefly. Appellant and deceased, Jose Boberson, were negroes and cousins. They had never had a previous difficulty…

1Opinion of the Court

HEHDERSON, 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, and he appeals.

Appellant applied for a continuance of the case on account of the absence of a witness and the absence of his leading counsel, J. A. Bullock. The witness was present in court, and so this question is eliminated. The application shows that Bullock was sick. The contesting affidavit of the district attorney shows that his sickness was voluntarily produced by reason of the use of intoxicating liquor, and the court’s…

2Cases cited1 opinion

  1. Goldsmith v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by4 opinions

  1. Beck v. StateCourt of Criminal Appeals of Texas · 1986
  2. Castillo v. StateCourt of Criminal Appeals of Texas · 1987
  3. Thomas v. StateCourt of Criminal Appeals of Texas · 1918
  4. Debth v. StateCourt of Criminal Appeals of Texas · 1916

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