Carter v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below beore Hon. E. D. Gavin. Appeal from a conviction for murder in the first degree; penalty, death. The attendant circumstances upon the killing are concisely but clearly stated in the latter portion of the opinion below.
1Opinion of the Court
DAVID SOU, Judge.
The indictment charged appellant with killing Bertha Brantley by shooting her with a pistol; he was convicted of murder in the first degree, his punishment assessed at death, and prosecutes this .appeal.
When the case was called for trial, a motion was made to quash the indictment because the jury commissioners had not drawn persons of African descent as jurors to serve upon the grand jury. Article 559, Code of Criminal Procedure, provides: “A motion to set aside an indictment or information shall be based on one or more of the following causes, and no other: (1) That it…
2Cases cited1 opinion
- Williams v. StateTexas Supreme Court · 1875
3Cited by43 opinions
- Pope v. FergusonTexas Supreme Court · 1969
- O.P. Hollis v. J.O. Davis and the Attorney General of the State of Alabama, Court of Appeals, Bullock County, Criminal Courts, Union SpringsCourt of Appeals for the Eleventh Circuit · 1991
- Gibson v. StateCourt of Criminal Appeals of Texas · 1908
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Powell v. StateCourt of Criminal Appeals of Texas · 1924
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