Bailey v. State
Court of Appeals of Texas
Appeal from the District Court of Wharton. Tried below before the Hon. W. H. Burkhart. The death penalty was assessed against the appellant in this ease upon his conviction in the first degree for the murder of John Smith, in Wharton county, Texas, on the first day of December, 1886. H. N. Spooner was the first witness for the State.
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Appeal from the District Court of Wharton. Tried below before the Hon. W. H. Burkhart. The death penalty was assessed against the appellant in this ease upon his conviction in the first degree for the murder of John Smith, in Wharton county, Texas, on the first day of December, 1886. H. N. Spooner was the first witness for the State. He testified that he knew John Smith, the deceased, and last saw him alive on the afternoon of the first day of December, 1886. He saw Smith’s dead body on the next morning in a thicket of weeds not far from the old sugar house on the Harrison places which was in…
1Opinion of the Court
Hurt, Judge.
Appellant Bailey, on the fourth day of March, 1887, was tried for the murder of John Smith, the trial resulting in a conviction for murder of the first degree, with the death penalty attached. From this judgment he appeals here.
When called upon for an announcement, appellant applied for a continuance of the case for want of the testimony of Horace Ashton and Richard Floyd, which being overruled, exception was taken and the case proceeded to trial. Counsel for appellant rely upon this and the overruling of the motion for *715new trial for a reversal of the judgment. We must therefore…
2Cited by3 opinions
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920
- Tyler v. StateMississippi Supreme Court · 1930
- Phillips v. StateCourt of Criminal Appeals of Texas · 1925