Page v. State
Court of Appeals of Texas
Appeal from the District Court of Madison. Tried below before S. R. Perryman, special judge. The conviction in this case was for theft and the penalty assessed by the verdict was a term of three years in the penitentiary. Will Allphin was the first witness for the State. He testified that he lived in Madison county, Texas, and lived there during the year 1883..
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Appeal from the District Court of Madison. Tried below before S. R. Perryman, special judge. The conviction in this case was for theft and the penalty assessed by the verdict was a term of three years in the penitentiary. Will Allphin was the first witness for the State. He testified that he lived in Madison county, Texas, and lived there during the year 1883.. The witness lost the cow described in the indictment from her range on “P. D.” prairie, about five miles from the town of Madisonville, in November, 1883. She was a black and white pided cow, four years old, branded 6C and in a mark…
1Opinion of the Court
Willson, Judge.
On a motion for a new trial it was made to appear that one of the jurors who tried the cause was the husband of the second cousin of the alleged injured party. It further appears that said juror, before being accepted by the defendant, was interrogated upon his voir dire, and was asked the question if he was related to said alleged injured party by consanguinity or affinity, and he answered in the negative. Defendant asserts in his motion, which is verified by his affidavit, that at the time of accepting said juror as one of his triers he was utterly ignorant of any…
2Cited by6 opinions
- Price v. Humble Oil & Refining Co.Court of Appeals of Texas · 1941
- Stockton v. StateCourt of Criminal Appeals of Texas · 1945
- Walsingham v. StateSupreme Court of Florida · 1911
- Reynolds v. StateCourt of Criminal Appeals of Texas · 1956
- Davidson v. WhitakerCourt of Appeals of Texas · 1946
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