Legal Opinion

White v. State

Court of Appeals of Texas

Decided February 17, 1892No. 3146PublishedCited by 12 opinions

Appeal from the District Court of Walker. Tried below before Hon. N. G. Kittrell. Appellant was indicted for the murder of one Rufus Bashful, and at his trial was found guilty of murder in the first degree, his punishment being assessed at death.

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Appeal from the District Court of Walker. Tried below before Hon. N. G. Kittrell. Appellant was indicted for the murder of one Rufus Bashful, and at his trial was found guilty of murder in the first degree, his punishment being assessed at death. It appears that on the evening of the 15th of December, 1890, about 9 o’clock, Eufus Bashful, who lived in the little village of Waverly, in Walker County, hearing a noise out about his front yard, went out on his gallery to see about it, when he was immediately shot down by some one ensconsed somewhere in the yard close by. He received seven…

1Opinion of the Court

WHITE, Presiding Judge.

Appellant was convicted of murder in the first degree for the killing of Bufus Bashful, the penalty being assessed at death.

Defendant’s first bill of exceptions complains of the ruling of the court in compelling him to exercise a peremptory challenge on the juror J. H. Young. The judge’s explanation of said bill shows, that when the impanelling of the jury was complete the defendant had not exhausted his peremptory challenges. This being the case, appellant has not been injured, and has no cause of complaint. Willson’s Crim. Stats., sec. 2293.

Defendant’s second bill of…

2Cases cited1 opinion

  1. Barrara v. StateTexas Supreme Court · 1874

3Cited by12 opinions

  1. State v. DavisWashington Supreme Court · 1940
  2. People v. . CoreyNew York Court of Appeals · 1898
  3. State v. HarperWest Virginia Supreme Court · 1987
  4. White v. StateSupreme Court of Florida · 1910
  5. Price v. United StatesCourt of Criminal Appeals of Oklahoma · 1908

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