Legal Opinion

Rice v. State

Court of Criminal Appeals of Texas

Decided November 6, 1907No. 3794PublishedCited by 20 opinions

Leaving out formal averments and the names of the parties the indictment charged: That on or about the 6th day of December, A. D., 1904, and anterior to the presentment of this indictment, one-in the County of Johnson and State of Texas did then and there unlawfully with malice aforethought place and caused to be placed a certain deadly poison to wit strychnine in a certain syringe which said syringe the said-then and there well knew would be used by one-in taking and…

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Leaving out formal averments and the names of the parties the indictment charged: That on or about the 6th day of December, A. D., 1904, and anterior to the presentment of this indictment, one-in the County of Johnson and State of Texas did then and there unlawfully with malice aforethought place and caused to be placed a certain deadly poison to wit strychnine in a certain syringe which said syringe the said-then and there well knew would be used by one-in taking and receiving and injection of water into the rectum, bowels and body of the said-and the said-then and there well knowing said…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at lifetime imprisonment in the penitentiary.

The former appeal of this case will be found in the 49 Texas Crim. Rep., 569; 16 Texas Ct. Rep., 396.

Appellants bill of exceptions No. 1 complains of error of the court in refusing to quash the venire. The facts in said bill are that a venire was drawn according to the statute of this State; there were seven jury weeks of the term of court at which this venire was drawn, and that thirty men were drawn for each week, aggregating 210 men. There were three…

2Cases cited13 opinions

  1. Keaton v. StateCourt of Criminal Appeals of Texas · 1900
  2. Castillo v. StateCourt of Criminal Appeals of Texas · 1892
  3. Freeman v. StateCourt of Criminal Appeals of Texas · 1898
  4. Mays v. StateCourt of Criminal Appeals of Texas · 1906
  5. Rice v. StateCourt of Criminal Appeals of Texas · 1906

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Oates v. StateCourt of Criminal Appeals of Texas · 1912
  2. Haley v. StateCourt of Criminal Appeals of Texas · 1919
  3. Roberts v. StateCourt of Criminal Appeals of Texas · 1914
  4. Butler v. StateCourt of Criminal Appeals of Texas · 1983
  5. Calloway v. StateCourt of Criminal Appeals of Texas · 1922

15 more not listed; retrieve them via the Exa API.

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