Legal Opinion

Smith v. State

Court of Appeals of Texas

Decided December 18, 1889No. 3343PublishedCited by 6 opinions

Appeal from the District Court of Lamar. Tried helow before Hon. E. D. McClellan. This conviction was in the first degree for the murder of Andrew Shearon, the death penalty being assessed against the appellant. The proof shows that the deceased was the proprietor of a saloon situated on the east side of South Main Street, near the Texas & Pacific Railroad depot, in the city of Paris, the said depot being about three-quarters of a mile distant from the public square.

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Appeal from the District Court of Lamar. Tried helow before Hon. E. D. McClellan. This conviction was in the first degree for the murder of Andrew Shearon, the death penalty being assessed against the appellant. The proof shows that the deceased was the proprietor of a saloon situated on the east side of South Main Street, near the Texas & Pacific Railroad depot, in the city of Paris, the said depot being about three-quarters of a mile distant from the public square. Early on the morning of May 18, 1888, his dead body was found in bed in his room in the rear of and adjoining the saloon. , His…

1Opinion of the Court

Willson, Judge.

On the night of May 18,1888, Andrew Shearon was murdered in his bed, his skull having been crushed and broken in several places by blows inflicted with some blunt instrument. Jim Smith, the defendant, stands convicted of said murder, the conviction being for murder in the first degree, with the death penalty assessed.

There has been no presentation of the case in behalf of the defendant in this court, nor is there an assignment of errors in the record. In an *315original and amended motion for a new trial errors are complained of which we will notice.

These are: 1. That the court…

2Cited by6 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 1986
  2. Bothwell v. StateCourt of Criminal Appeals of Texas · 1932
  3. Alexander v. StateCourt of Criminal Appeals of Texas · 1917
  4. Bloch v. StateCourt of Criminal Appeals of Texas · 1916
  5. Cox v. StateCourt of Criminal Appeals of Texas · 1911

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