Legal Opinion

McCane v. State

Court of Criminal Appeals of Texas

Decided June 16, 1894No. 478PublishedCited by 6 opinions

Appeal from tbe Criminal District Court of Harris. Tried below before Hon. E. D. CavTN. On a trial under indictment for tbe murder of one John F. Morris, in tbe county of Harris, on tbe 17tb day of January, 1894, appellant was convicted of manslaughter, bis punishment being affixed at a term of two years’ imprisonment in tbe penitentiary. In view of tbe disposition made of the case on this appeal, it is unnecessary to make a general statement of tbe case.

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Appeal from tbe Criminal District Court of Harris. Tried below before Hon. E. D. CavTN. On a trial under indictment for tbe murder of one John F. Morris, in tbe county of Harris, on tbe 17tb day of January, 1894, appellant was convicted of manslaughter, bis punishment being affixed at a term of two years’ imprisonment in tbe penitentiary. In view of tbe disposition made of the case on this appeal, it is unnecessary to make a general statement of tbe case. Tbe matters pertaining to tbe action of tbe jurors impeaching their verdict are shown in tbe following affidavits filed in connection with…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of manslaughter, and his punishment assessed at two years in the penitentiary.

It is only necessary to consider one question in the case. In his. amended motion for a new trial, appellant insists that he did not have a fair trial on account of the misconduct of the jury. In support of this ground he filed with said motion the affidavit of eight of the jury who rendered the verdict, stating their verdict was an injustice to defendant and given without due reflection; that they had voted a number of times for a verdict of “not guilty,” and finding no…

2Cases cited1 opinion

  1. Whitlock v. CastroTexas Supreme Court · 1858

3Cited by6 opinions

  1. Patterson v. StateCourt of Criminal Appeals of Texas · 1911
  2. Bacon v. StateCourt of Criminal Appeals of Texas · 1911
  3. Bacon v. StateCourt of Criminal Appeals of Texas · 1911
  4. Booker v. StateCourt of Criminal Appeals of Texas · 1908
  5. Rix v. StateCourt of Criminal Appeals of Texas · 1911

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