Legal Opinion · Dissent

Matthews v. State

Court of Criminal Appeals of Texas

Decided May 16, 1900No. 1927Published

Appeal from the District Court of Cherokee, on a change of venue from Anderson. Tried below before Hon. J. G..Russell, Judge of the Seventh Judicial District, on exchange with Hon. Tom C. Davis, Judge of the Second Judicial District. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary.

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Appeal from the District Court of Cherokee, on a change of venue from Anderson. Tried below before Hon. J. G..Russell, Judge of the Seventh Judicial District, on exchange with Hon. Tom C. Davis, Judge of the Second Judicial District. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with, the murder of Jim Stafford in Anderson County on the 15th day of June, 1899, by shooting him with a pistol. The matter pertaining to the reassembling of and impanelment of the grand jury that presented…

1DissentHenderson, Judge

Inasmuch as I deem the principal question discussed by the court, to wit, the impanelment of the grand jury which found the bill of indictment, important, as being jurisdictional, and differing as I do as to this matter with the conclusion reached by the court, I consider it proper to present my views on the question.

The .indictment was found by a purported grand jury of Anderson County. The term of the district court at which the indictment was presented began on the 24th day of April, 1899, and the grand jury for the term was duly organized, impaneled, and sworn at said time. Said grand…

2Cases cited5 opinions

  1. Mitchell v. StateTexas Supreme Court · 1875
  2. Newman v. StateTexas Supreme Court · 1875
  3. State v. JacobsTexas Supreme Court · 1851
  4. State v. FosterTexas Supreme Court · 1852
  5. Wilson v. StateTexas Supreme Court · 1869

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