Miller v. Texas
Supreme Court of the United States
ERROR TO THE COURT OE CRIMINAL APPEALS OF THE STATE OF TEXAS. Motion to dismiss. The plaintiff in error was indicted by the grand jury of Dallas County, Texas, for the murder of one Riddle on June 18, 1892.' He was convicted July 23, 1892, and sentenced to death.
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ERROR TO THE COURT OE CRIMINAL APPEALS OF THE STATE OF TEXAS. Motion to dismiss. The plaintiff in error was indicted by the grand jury of Dallas County, Texas, for the murder of one Riddle on June 18, 1892.' He was convicted July 23, 1892, and sentenced to death. From the judgment of the District Court of Dallas County, before which he was tried, he appealed to the Court of Criminal Appeals of Texas, the court of last resort in criminal cases, where the judgment of the court below was affirmed. A motion for a rehearing was then made ánd overruled. Defendant thereupon sued out this writ,…
1Opinion of the CourtJustice Brown
Motion is made to dismiss the writ of error in this case upon the ground that it was issued and signed by the clerk of the Court of Criminal Appeals of Texas, and was, therefore, insufficient to give this court jurisdiction, and the case of Bondurant v. Watson, 103 U. S. 278, is cited as authority for the position. In that case, however, the writ ran in the name of the Chief Justice of the Supreme Court of the State, to the clerk of that court, was tested in the name of the Chief Justice of the Supreme Court of the State, signed by its clerk, 'and sealed with the seal of that court. “It had…
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