Legal Opinion

McArthur v. State

Court of Criminal Appeals of Texas

Decided April 18, 1900No. 1910PublishedCited by 4 opinions

The indictment charged appellant with the libel of John D. Fields. 'The libel was charged to have been committed by the writing and circulation of a certain pamphlet which contained libelous matter. The indictment was framed in the usual form down to the pamphlet said to contain the obnoxious matter, at which point the pamphlet, or one of the copies of it, was attached, and made part of the indictment in extenso and haec verba, including the title on outside title page.

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The indictment charged appellant with the libel of John D. Fields. 'The libel was charged to have been committed by the writing and circulation of a certain pamphlet which contained libelous matter. The indictment was framed in the usual form down to the pamphlet said to contain the obnoxious matter, at which point the pamphlet, or one of the copies of it, was attached, and made part of the indictment in extenso and haec verba, including the title on outside title page. Then the indictment proceeded, by selecting from the alleged libelous, pamphlet, particular parts or portions claimed to be…

1Opinion of the Court

HENDEBSOiST, Judge.

Appellant was convicted of libel, and his punishment assessed at a fine of $100; hence this appeal.

Appellant in his first assignment urges that the court committed an error in sustaining the State’s challenge to the juror Folwell. The objection urged by the State to this juror was that he was not a householder. On this point the juror showed by his voir dire that he was a single man; that he boarded at one place and rented a room in another lodging house from a different person than the one with whom he ate, and in a different part of the city of Austin; that he rented a…

2Cases cited2 opinions

  1. Mays v. StateCourt of Criminal Appeals of Texas · 1896
  2. Barr v. GainesCourt of Appeals of Kentucky · 1835

3Cited by4 opinions

  1. Aldridge v. StateCourt of Criminal Appeals of Texas · 1960
  2. Allen v. StateCourt of Criminal Appeals of Texas · 1945
  3. Ex Parte TucciTexas Supreme Court · 1993
  4. Ex Parte TucciTexas Supreme Court · 1993

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