Legal Opinion

Mingo v. State

Court of Criminal Appeals of Texas

Decided January 18, 1911No. 900PublishedCited by 7 opinions

The State’s testimony showed that someone had been throwing rocks at night against the house in which defendant and others lived, and that he and his companion had been trying to overtake the guilty parties but failed; that this occurred at different times shortly before the homicide; that a night or two before the killing, and on the afternoon of the day of the killing, the defendant and his companion had been overheard to say that they would waylay the party who threw the…

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The State’s testimony showed that someone had been throwing rocks at night against the house in which defendant and others lived, and that he and his companion had been trying to overtake the guilty parties but failed; that this occurred at different times shortly before the homicide; that a night or two before the killing, and on the afternoon of the day of the killing, the defendant and his companion had been overheard to say that they would waylay the party who threw the rocks and kill him. By the statement of deceased it was shown that on the night of the killing deceased saw defendant…

1Opinion of the Court

HARPER, Judge.

—Appellant was indicted, tried, convicted and sentenced to the penitentiary for a term of twenty years, on a charge of murder, in the District Court of Grayson County, Texas.

I. In the fourth paragraph of appellant’s motion for a new trial he complains that one of the jurors was at the time of his service on the jury a deputy sheriff, and claims this is a disqualification. Article 673 of the Code of Criminal Procedure enumerates the causes for challenge to a particular juror, and the reason assigned is not one of them. The civil statutes relating to persons who are competent…

2Cases cited1 opinion

  1. Edgar v. StateCourt of Criminal Appeals of Texas · 1910

3Cited by7 opinions

  1. United States v. WoodSupreme Court of the United States · 1936
  2. State v. LewisNevada Supreme Court · 1927
  3. Randolph v. StateCourt of Criminal Appeals of Texas · 1931
  4. Counts v. StateCourt of Criminal Appeals of Texas · 1916
  5. McAdory v. StateAlabama Court of Appeals · 1953

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