Legal Opinion

Burris v. State

Court of Criminal Appeals of Texas

Decided April 28, 1897No. 1127PublishedCited by 1 opinion

Appeal from the District Court of McLennan. Tried below before Hon. S. R. Scott. Appeal from a conviction for robbery; penalty, five years’ confinement in the penitentiary. This is the second appeal in this case; see, Burris v. State, 36 Tex. Crim. Rep., 13, and the companion case, Moore v. State, 36 Tex. Crim. Rep., 88. In view of the disposition made of this appeal, it is unnecessary to make a statement of the evidence.

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of robbery, and given five years in the penitentiary; hence this appeal. Appended to his motion for a new trial is the affidavit of P. K. Hutton, who states: “That he was in the county jail in Waco on the morning of November 18, 1896, and ten of the jurors who were trying Will Burris came into the jail and scattered all around the jail cells, talking to the prisoners all through the jail; and he heard members of the jury discussing various phases of Burris’ case. That one Deyerly, a juror, asked one 0. A. Smith how long Burris had been in jail, and one…

2Cited by1 opinion

  1. Dibbles v. StateCourt of Criminal Appeals of Texas · 1921

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