Hunt v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried helow before the Hon. E. B. Turner. At the March term, 1878, of the court below, the appellant was indicted for the murder of Harvey Carter, on September 28, 1877. One count of the indictment alleged a knife to have been the means used, and a second count alleged a pistol. A mistrial of the case was had at the same term of the court.
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Appeal from the District Court of Williamson. Tried helow before the Hon. E. B. Turner. At the March term, 1878, of the court below, the appellant was indicted for the murder of Harvey Carter, on September 28, 1877. One count of the indictment alleged a knife to have been the means used, and a second count alleged a pistol. A mistrial of the case was had at the same term of the court. At the September term, 1878, the appellant was again put on trial, and was found guilty of murder in the first degree, and adjudged to die. The grounds upon which he appeals to this court are disclosed in its…
1Opinion of the CourtClark, J.
The position assumed in the briefs of counsel for appellant, and maintained upon principle and authority, that by a change of constitutions in 1876 the penalty for murder in the first degree was entirely abrogated, and that Until the adoption of the Revised Penal Code, which took effect on July 24, 1879, there was no penalty affixed to the offence of murder in the first degree by the laws of this State, has already been carefully considered and substantially settled in the case of Cox et al. v. The State, decided at our last Austin term, but not yet reported. A mere reference to the opinion…
2Cases cited9 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Borman v. StateSupreme Court of Alabama · 1859
- Burrell v. StateTexas Supreme Court · 1857
- Tollett v. StateTexas Supreme Court · 1875
- Brown v. StateTexas Supreme Court · 1859
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3Cited by1 opinion
- Miller v. Widow & Heirs of MenkeTexas Supreme Court · 1881