McKinney v. State
Court of Appeals of Texas
Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The appellant, Stephen A. McKinney, and one Gentry Bailey were on the twenty-first day of November, a. d. 1878, jointly indicted by the grand jury of Travis County for the murder of Gus Porter.
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Appeal from the District Court of Travis. Tried below before the Hon. E. B. Turner. The appellant, Stephen A. McKinney, and one Gentry Bailey were on the twenty-first day of November, a. d. 1878, jointly indicted by the grand jury of Travis County for the murder of Gus Porter. Mrs. S. E. Porter (also called Mollie Seymour), mother of the deceased, and first witness for the State, testified to a difficulty in the alley-way in the rear of Katie Franklin’s house, two nights before the killing, between the deceased and one Kosengreen. She stated that she went out there, where she found some four…
1Opinion of the CourtWhite, P. J.
On the presentation of defendant’s application for continuance, it was ascertained from the docket that it was a second one, and as such was defective in omitting to state, as required by statute, “first, that the testimony cannot be procured from any other source known to defendant;” and “second, that defendant has reasonable expectation of procuring the same at the next term of the court.” Code Cr. Proc., art. 561. Defendant’s counsel asked leave to withdraw it, that he might amend it in this regard, stating that he had forgotten or overlooked the fact that a previous continuance had by…
2Cases cited10 opinions
- McCoy v. StateTexas Supreme Court · 1860
- State v. . RickettsSupreme Court of North Carolina · 1876
- Carr v. StateTexas Supreme Court · 1874
- Reid v. StateSupreme Court of Alabama · 1875
- People v. WoodNew York Supreme Court · 1858
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