Legal Opinion

Clark v. State

Court of Appeals of Texas

Decided February 21, 1891No. 3068PublishedCited by 1 opinion

■ Appeal from the Criminal District Court of Harris. Tried below before Hon. 0. L. Cleveland. The indictment charges that defendant murdered Charles Williams, in Harris County, Texas, on the 1st day of December, 1890. The conviction is for murder in the first degree, and the penalty assessed is death.

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■ Appeal from the Criminal District Court of Harris. Tried below before Hon. 0. L. Cleveland. The indictment charges that defendant murdered Charles Williams, in Harris County, Texas, on the 1st day of December, 1890. The conviction is for murder in the first degree, and the penalty assessed is death. Several eye-witnesses to the homicide testified, substantially, that the ■deceased and another man had stopped at night near the house of Bill Harris, and had lighted a campfire. Bill Harris, defendant, and several •others, traveling together in a cart to Bill Harris’s house, saw the campfire, ■…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was charged with and convicted for the murder of Charles Williams. The jury by their verdict assessed against appellant the death penalty, and judgment was entered in accordance with said verdict, and from said judgment he prosecutes his appeal to this court.

In his motion for a new trial he complains of two alleged errors. The first is based upon the supposed defect in the trial court’s charge in instructing on the law with reference to the identity of the deceased.

The only question raised on this branch of the case is, was the deceased named Charles Williams ? This…

2Cited by1 opinion

  1. Viser v. StateCourt of Criminal Appeals of Texas · 1965

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