Slaughter v. State
Texas Supreme Court
Appeal from Atascoso. Tried below before the Hon. E. E. Buckner. This was an indictment against Reuben Slaughter, charging him with murder, in the usual form. It alleged that the instrument used by the defendant, in the commission of the offence, was a shot-gun; and that he killed the deceased, William McCulloch, voluntarily, with deliberate design, feloniously, and of his malice aforethought.
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Appeal from Atascoso. Tried below before the Hon. E. E. Buckner. This was an indictment against Reuben Slaughter, charging him with murder, in the usual form. It alleged that the instrument used by the defendant, in the commission of the offence, was a shot-gun; and that he killed the deceased, William McCulloch, voluntarily, with deliberate design, feloniously, and of his malice aforethought. On a motion for a new trial, it appeared, that during the deliberation of the jury in their retirement, the bailiff was present among them, and remained with them until their discharge, with the…
1Opinion of the CourtRoberts, J.
The main grounds relied on, for a reversal of the judgment in this case, are, the defect of the verdict, and the improper conduct of the bailiff, in being with the jury during their deliberations upon the case. Both of these grounds are set out, in the motion made by defendant for a new trial.
The Code enumerates certain grounds, which are permitted to be taken in a motion for new trial, and forbids any other. (Art. 672, Crim. Pro., O. & W. Dig. 643.) Neither one of these, is one of the causes enumerated. In regulating the “trial before the jury,” it is provided, that “ no officer, who is in…
2Cited by25 opinions
- State v. ReddickSupreme Court of Kansas · 1871
- Thompson v. StateSupreme Court of Arkansas · 1870
- Buster v. StateTexas Supreme Court · 1874
- McGee and Fuller v. StateCourt of Criminal Appeals of Texas · 1898
- Territory of Montana v. StearsMontana Supreme Court · 1875
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