Tate v. State
Court of Criminal Appeals of Texas
Appellant was indicted for the murder of one Virgil Bisley by shooting him with a pistol in Clay County, on the 4th day of May, A. D. 1896. In view of the questions discussed and upon which the appeal is disposed of by the opinion, it is not necessary to give a general statement of the case as made by the statement of facts.
1Opinion of the Court
HENDEBSOH, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.
The only question that we deem necessary to consider is presented by appellant’s motion for a new trial, and consists in the alleged misconduct of the jury in hearing testimony not in the presence of the court, and after their retirement to the jury room. Appellant sought a new trial because, while in the jury room considering of their verdict, one of the jurors, to wit, J. W. Colburn, stated to another juror, J. H.…
2Cited by22 opinions
- Jenkins v. StateCourt of Criminal Appeals of Texas · 1906
- Watson v. StateCourt of Criminal Appeals of Texas · 1917
- Fine v. StateCourt of Criminal Appeals of Texas · 1903
- Perry v. StateCourt of Criminal Appeals of Texas · 1913
- Thorpe v. StateCourt of Criminal Appeals of Texas · 1899
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