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The Texas Criminal Reports Volume 56

The Texas Criminal Reports Volume 56
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 364
Release: 2013-09
Genre:
ISBN: 9781230068046
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...stabbing and cutting him, the said Wash Anderson, with a knife and other sharp instrument, and by then and there (meaning the time and place last above mentioned) striking and beating him, the said Wash Anderson, with a stick and a rock, and by then and there (meaning the time and place last above mentioned) burning him, the said Wash Anderson, with fire, and by then and there (meaning the time and place last above mentioned) using other means and instruments to these grand jurors (meaning the grand jurors who presented said indictment) unknown, by which he killed and murdered him, the said Wash Anderson. against the peace and dignity of the State, and in which said criminal judicial proceeding issue was then and there. in said court. in said county and State, on or about said May 15, 1907, aforesaid, duly and legally joined between said State of Texas and the said Cbarley iIc("lure, ' and came on to be tried in due form of law before said judge and a jury duly organized in said cause, and in that behalflegally empaneled and sworn, and was at said last mentioned time and place tried before said judge and jury, and then and there, in said court, upon the said trial, John Anderson came and appeared in person as a witness in behalf of the State of 'l'c.'as, and was then and there, in and-before said court, at and during said trial, duly and legally sworn, and did then and there take his corporal oath before said court and jury as a witness to testify in said cause on said trial, which oath was then and there required by law and necessary for the ends of public justice; and which said oath was then and there. in said court, on said trial, duly administered to him, the said John Anderson, as aforesaid, by John T. Campbell, the...

The Texas Criminal Reports

The Texas Criminal Reports
Author: Texas. Court of Criminal Appeals
Publisher:
Total Pages: 800
Release: 1882
Genre: Criminal law
ISBN:
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The Texas Criminal Reports Volume 89

The Texas Criminal Reports Volume 89
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 366
Release: 2013-09
Genre:
ISBN: 9781230004167
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...in the view that under the record, as presented, error is shown to have been committed in receiving the testimony complained of. The motion is overruled. Overruled. While, under Subdivision 5 of Article 717. C. C. P., the defendant nail the right to make a preliminary statement before introducing his evidence. there was no error in not permitting him to read to the jury an aflidavit made by his mother stating that defendant was insane and had been twice adjudged a lunatic and placed in the asylum. 2.--Same--Insanity--Void Judgment-Judgment of Lunacy--Evidence. Where the lunacy judgment in evidence relied upon by defendant bore upon its face evidence that the decision that he was a lunatic was not made by a jury but by a commission which purported to act under Chapter 163, Acts of the Thirty-Third Legislature, which has since been declared void. the same was without force and effect; besides, the evidence showed, in the instant case, that the defendant had been released by the officers of the asylum upon parole, and that the offense took place nearly two years and a half after his release. and that he had been without restraint and had gone at large, and there was nothing upon which the inference could be based that his liberty was not with the full sanction of the asylum authorities. said judgment was not a bar to this prosecution. Distinguishing Hazelwood v. State, 79 Texas Crim. Rep., 483, and other cases. 3.--Same--Argument of Counsel--Lunacy Judgment Where, upon trial of robbery, the defendant introduced a certain lunacy judgment, there was no error in the State's counsel's argument that said judgment was void and had been so declared by the Supreme Court; besides, no request was made to withdraw same. and there was no reversible...

The Texas Criminal Reports Volume 75

The Texas Criminal Reports Volume 75
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 398
Release: 2013-09
Genre:
ISBN: 9781230046747
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...the court to refuse to permit the witness Sandusky to testify what deceased had said about John Bell. Appellant does not claim that he had ever heard of it prior to the shooting, and any threat that deceased may have made to do violence to John Bell would not be admissible. John Bell was not on 'trial, nor charged with any offense, and it is only acts of violence of which defendant knew or had heard of it which are admissible. Patterson v. State. 56 S. W. Rep., 59; Branch's Crim. Law, sec. 473. In this section of Mr. Branch's work is collated the authorities, and by perusal of them it will be seen when testimony of specific acts are admissible, and how far one may go in adducing such testimony. The facts of such cases are never retried. It appears by bill No. 7 that when the witness W. N. Brown (whom deceased had in front of him) had answered on direct examination that if deceased "had not had hold of him he would have run," on motion of defendant this was excluded, and no exception was reserved to it, but on cross-examination he asked the witness, "If Clayton Black had not been stronger than you, you would have been inclined to have gone backwards instead of forward, would you have not?" which question was objected to on the ground that it was argumentative, which objection was by the court sustained. It was the acts and conduct of deceased, and not the acts and conduct of Brown that defendant relied on to present self-defense. What Brown would have done under different circumstances would be immaterial to any issue in the case. He testified in full as to the acts of deceased, and the way they went, and this is what would have made an impression on appellant's mind, and not what Brown might have...

The Texas Criminal Reports Volume 57

The Texas Criminal Reports Volume 57
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 346
Release: 2013-09
Genre:
ISBN: 9781230012896
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... they first believed that his testimony was true, and connected the defendant with the offense charged, and that then they could not convict upon said testimony unless they further believed that there was other testimony in the case corroborative of the testimony of said witness, and connected the defendant with the offense charged, and that the corroboration was not sufiicient if it merely showed the commission of the offense charged, such charge was equivalent to instructing the jury that the witness was an accomplice, and it was not necessary to define that term. Where, upon trial for murder, the court's charge, taken as a whole, applied the law to the facts of the case and to the allegations in the indictment with reference to the means used by the defendant in efiecting the death of the deceased, there was no reversible error. 6.---Samc--Charge of Court--Murder in the Second Degree. Where, upon trial for murder, the evidence did not raise the issue of murder in the second degree, there was no error in the court's failure to charge thereon. 7.--Same--Evidence--Ioral Turpitude of Witness--Judgment. Upon trial for murder there was no error in the court's action in sustaining an objection to an attempt on the part of the defense to disqualify a State's witness, on the ground that he had been convicted of a felony, without offering in evidence such judgment of conviction. See opinion for facts held sufficient to support a conviction for murder in the first degree, assessing the punishment at imprisonment in the penitentiary for life. Appeal from the District Court of Tom Green. Tried below before the Hon. J. W. Timmins. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the...

The Texas Criminal Reports Volume 46

The Texas Criminal Reports Volume 46
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 384
Release: 2013-09
Genre:
ISBN: 9781230005201
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Sections 276, 124 and 135 of the charter. It has further power to appoint street overseers, city physicians, etc., scavengers, etc., and inspectors. It has control over all gangs or squads or employes used or to be used in the street and alley cleaning, grading and repairing, including those who work the street by reason of failing to pay street taxes. Section 277. It is apparent from this statement that the city council is practically emasculated of power, and this "board of commissioners" is the dominating power and authority in the city of Corsicana, and without whose consent the city council seem to be practically helpless in matters of municipal legislation in respects mentioned. It is contended by applicant that his case is brought within the rule of Ex parte Lewis, 7 Texas Ct. Rep., 9'74, 45 Texas Crim. Rep., 1. There is no question, if the decision of this court in Ex parte Lewis, supra, is correct, and we think it is, this charter is void as to said commissioners, and all acts by them are void. In Brown v. Galveston, 75 S. W. Rep., 488, our Supreme Court took a different view. It is said in that opinion that "In our own State the doctrine is well settled that a municipal corporation can exist only by and through an act of the Legislature of the _State, and that it has no power not granted by the charter, and can have no officer not provided for by law." Authorities are cited in support of this proposition. It is also said that the Legislature has omnipotent power with reference to legislation when not expressly or by necessary implication inhibited by the Constitution. It is further asserted, "The Legislature of Texas may exercise any power that could be exercised by a constitutional convention, ...

The Texas Criminal Reports Volume 69

The Texas Criminal Reports Volume 69
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 374
Release: 2013-09
Genre:
ISBN: 9781230109404
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...on the former appeal, and the judgment is afiirmed. Aflirmed. Rehearing denied, Ma.rch 26, 1913.--Reporter.. BUD SIMPSON v. STATE. No. 1976. Decided February 26, 1913. Rehearing denied March 26, 1913. 1.--Murder--Statement of I'acts--I'i1ing--Signature of Judge. Where the statement of facts was either dated back, or when filed did not bear the judge 's signature, the same could not be considered on appeal. 2.--Same--Approva.1 by Judge--Statement 01' Facts. The law provides that the statement of facts must be signed and approved by the trial judge, and he is not required to approve a statement of facts, if he does not deem the ame correct. Art. 824, Code Criminal Procedure Upon trial of murder, there was no error in admitting testimony that the defendant had served a term in the penitentiary; it not appearing that it was too remote. 4.--Same--Evidence--Bi11 of Exceptions. Where the court refused to approve a part of the bill of exceptions and defendant accepts the same and does not resort to a bill by bystanders, the bill of exceptions, as presented in the record, will be considered on appeal. Following Blain v. State, 34 Texas Crim. Rep., 448. The acts, remarks and conduct of the deceased right after the shooting were admissible as res gestae. 6.--Same--Objections--Practice on Appeal. Where the record showed that no exceptions to the testimony were reserved, there is nothing to review on appeal. 7.--Same--Charge of Court--Statement of Facts--Presumption. In the absence of a statement of facts, if the charge of the court is applicable to any state of facts which can be proved under the indictment, the presumption is that the court charged the law and all the law applicable to the case. Following Wright v. State, 37...

The Texas Criminal Reports Volume 60

The Texas Criminal Reports Volume 60
Author: Anonymous
Publisher: Rarebooksclub.com
Total Pages: 356
Release: 2013-09
Genre:
ISBN: 9781230063485
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ... each case fixed the bail in the sum of Four Thousand Dollars. I agree that the judgment refusing bail was erroneous, and that such judgment ought to be reversed, and, as I believe, the cause should be remanded in order that the matter may be heard on its merits and to the end that justice may be done. For 'many years prior to the decision in the case of Ex parte Newman, 38 Texas Crim. Rep., 164, it had been held in this State that after an indictment is found, that the burden of proof rested upon the applicant to show the facts entitling him to bail. This had been the uniform holding of this court almost from the day of its organization until the rendition of the Newman opinion. Judge Willson, whose accuracy can most generally be relied upon, says, after referring to the Scoggin's case (6 Texas Crim. App., 546), in Ex parte Smith, 23 Texas Crim. App., 100: "This rule was reaffirmed in Randon's case (12 Texas Crim. App., 145), and has not been overruled, or even questioned, in any subsequent decision of this or any other court, that we are aware of; but on the contrary, stands approved by every authority, without a single exception that we have examined. (Church on Hal). Corp., sec. 404; Ex parte Vaughan, 44 Ala., 417; Ex parte Strange, 59 Cal., 416; Ex parte Springer, 1 Utah, 214; Hefren's case, 2'7 Ind., 8'7; Rhear's case, 67 Ala., 94; Jones' case, 5.5 Ind., 176; Kenda1l's case, 100 Ind., 599; Street's case, 43 Miss., 1; Bridewell's case, 57 Miss., 39; 1 Bishop Crim. Prac., sec. 262; Lynch's case, 38 Ill., 494; Hurd on Hab. Corp., 438-446; Cooley's C-onst. Lim., 380; Tinder's case, 19 Cal., 539; Mill's case, 2 Dev., N. C., 421; Hight's case, 1...