WEBB v. STATE

No. 27410.

278 S.W.2d 158 (1955)

Leslie WEBB, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 27, 1955.


Attorney(s) appearing for the Case

Looney Lindsey, Hollie G. McClain, Gilmer, for appellant.

J. O. Duncan, County Atty., Gilmer, Leon Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

This conviction must be reversed because the court heard for some several days (since it requires 238 pages of the statement of facts to cover it) evidence on the motion to quash the indictment in the absence of the accused. The cause was set for June 7, 1954. On the day preceding, the appellant, who was in jail, was carried to the hospital for an appendectomy. On the morning of the 7th...

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