Legal Opinion

Black v. State

Court of Criminal Appeals of Texas

Decided March 16, 1904No. 2913PublishedCited by 16 opinions

AI. Allsup, the party who was with deceased when he was shot, and who made the arrest, testified that about dusk on the day of the killing the town marshal told the deceased and witness to go and arrest the defendant. Deceased (Jordan), McCoy, the marshal and witness went to where defendant was, near the grain house. The defendant had a gun in his hand and his hat off, swearing and singing. “I told him we had come to arrest him and we did not want any trouble.

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AI. Allsup, the party who was with deceased when he was shot, and who made the arrest, testified that about dusk on the day of the killing the town marshal told the deceased and witness to go and arrest the defendant. Deceased (Jordan), McCoy, the marshal and witness went to where defendant was, near the grain house. The defendant had a gun in his hand and his hat off, swearing and singing. “I told him we had come to arrest him and we did not want any trouble. He replied, "Don’t come any closer, or I will shoot you.” I suppose I was five or six feet from him at that time. I told defendant,…

1Opinion of the Court

DAVIDSON, Presiding Judge.

Conviction of murder in the first degree, the punishment assessed being the death penalty.

While impaneling the jury, the juror Atkins was asked the question if he had conscientious scruples .against the infliction of death as a punishment for crime. He answered this in the negative, and was accepted by both parties. He was the first juror taken. The organization of the jury continued until three other jurors were selected, and the court took a recess. During this recess Atkins, through an officer in charge of the four jurors, sent a message to the court that he…

2Cases cited4 opinions

  1. Horbach v. StateTexas Supreme Court · 1875
  2. Mayers v. SmithIllinois Supreme Court · 1887
  3. McGuire v. StateMississippi Supreme Court · 1872
  4. Jefferson v. StateMississippi Supreme Court · 1876

3Cited by16 opinions

  1. Bodde v. StateCourt of Criminal Appeals of Texas · 1978
  2. Draughon v. StateCourt of Criminal Appeals of Texas · 1992
  3. Franklin v. State, Texas Court of Appeals, 6th District (Texarkana)1999
  4. Burton v. StateCourt of Criminal Appeals of Texas · 1935
  5. Thompson v. StateCourt of Criminal Appeals of Texas · 1959

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