Sinclair v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Upshur. Tried below before Hon. Felix J. McCord. This appeal is from a conviction for murder in the second degree, the punishment being assessed at twenty-five years’ imprisonment in the penitentiary.
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Appeal from the District Court of Upshur. Tried below before Hon. Felix J. McCord. This appeal is from a conviction for murder in the second degree, the punishment being assessed at twenty-five years’ imprisonment in the penitentiary. The indictment charged defendant with the murder of Lavinia Webb, in Upshur County, on the 10th day of March, 1895. It contained two counts—one charging the murder to have been committed with an ax, the other, by means to the grand jury unknown. The house of Jemima Webb, the mother of deceased, was burned on Sunday, the 10th day of March, 1895, at about 12…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was given twenty-five years in the penitentiary for murder in the second degree, and prosecutes this appeal. When the special venire was called, Davidson and Bishop, two of the jurors thereon summoned, failed to answer to their names. While empaneling the jury, the name of Davidson was called; and, he being absent, the court, over appellant’s objection, ordered the name of the next juror called. The court inquired if appellant desired an attachment for the juror, and his counsel replied: “I stand upon my rights.” The call of the jury then proceeded until Bishop’s…
2Cited by8 opinions
- Ferguson v. StateCourt of Criminal Appeals of Texas · 1978
- Calloway v. StateCourt of Criminal Appeals of Texas · 1922
- Pounds v. StateCourt of Criminal Appeals of Texas · 1921
- Lubbock v. StateCourt of Criminal Appeals of Texas · 1912
- Welburn, Jr. v. StateCourt of Criminal Appeals of Texas · 1935
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