Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided December 2, 1903No. 2810PublishedCited by 9 opinions

There was testimony that a State’s witness' who appeared as one of the principal witnesses for the State came to the office of the Sun Life Insurance Company on the day the dead body of the deceased was found and inquired about insurance on his own life, and if his life insurance would be paid if he was hanged or mobbed. He also stated at another time and place that he had helped deceased make some of the payments on her life insurance.

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There was testimony that a State’s witness' who appeared as one of the principal witnesses for the State came to the office of the Sun Life Insurance Company on the day the dead body of the deceased was found and inquired about insurance on his own life, and if his life insurance would be paid if he was hanged or mobbed. He also stated at another time and place that he had helped deceased make some of the payments on her life insurance. He also inquired at the insurance office about the insurance on the life of the deceased. He was also seen standing, on the morning following the homicide, on…

1Opinion of the Court

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

This case has been before this court twice before, and on both occasions it was reversed, because in the formation and impanelment of the grand jury which found the indictments against appellant (a negro), he was discriminated against on the part of the court. Smith v. State, 42 Tex.Crim. Rep.; Smith v. State, 44 Tex.Crim. Rep.; Id., 5 Texas Ct. Rep., 434. Since the last reversal, a new grand jury was impaneled, and appellant reindicted. He made a motion to quash the indictment on the same ground as…

2Cases cited2 opinions

  1. Carter v. StateCourt of Criminal Appeals of Texas · 1898
  2. Grant v. StateCourt of Criminal Appeals of Texas · 1900

3Cited by9 opinions

  1. Steed v. StateCourt of Criminal Appeals of Texas · 1925
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1939
  3. Casanova v. StateCourt of Criminal Appeals of Texas · 1920
  4. Johnson v. StateCourt of Criminal Appeals of Texas · 1939
  5. Carlisle v. StateCourt of Criminal Appeals of Texas · 1927

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