Legal Opinion

Miller v. State

Court of Criminal Appeals of Texas

Decided April 6, 1896No. 909PublishedCited by 11 opinions

This appeal is from a conviction for murder in the second degree, the punishment being assessed at fifteen years’ imprisonment in the penitentiary. The parties to the homicide were young negro men. The following statement, taken from the brief of counsel for appellant, is substantially correcti- on Saturday night, Nov. 1st, 1895, Walter Miller, appellant, was at-his neighbor Duff’s house attending a dance.

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This appeal is from a conviction for murder in the second degree, the punishment being assessed at fifteen years’ imprisonment in the penitentiary. The parties to the homicide were young negro men. The following statement, taken from the brief of counsel for appellant, is substantially correcti- on Saturday night, Nov. 1st, 1895, Walter Miller, appellant, was at-his neighbor Duff’s house attending a dance. During the evening Walter and one Celia Smith became involved in some sort of a dispute, when Walter playfully slapped Celia’s cheek. Jim Smith, deceased, the escort of Celia, came up, and…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at fifteen years in the penitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. Appellant complains that he was compelled to take on the jury, one Ledbetter, who was a brother of a deputy sheriff of Dallas County; that he was misled by the clerk as to the number of his challenges, or he would not have taken this juror. It appears that this mistake of the clerk was corrected by the judge some time before the appellant’s challenges were exhausted. At any…

2Cited by11 opinions

  1. Harris v. StateCourt of Criminal Appeals of Texas · 1912
  2. State Ex Rel. McGregor v. RiggSupreme Court of Minnesota · 1961
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1914
  4. Shamblin v. StateCourt of Criminal Appeals of Texas · 1921
  5. Allen v. StateCourt of Criminal Appeals of Texas · 1924

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