Fugett v. State
Court of Criminal Appeals of Texas
Appellant Henry Fugett was tried in the District Court of Johnson County at the term beginning on the 37th day of April, 1903, upon indictment charging him with the murder of Laura Fugett (his wife), by “then and there cutting and stabbing the said Laura Fugett with a knife.” To this indictment, when arraigned, the defendant pleaded “not guilty.”
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Appellant Henry Fugett was tried in the District Court of Johnson County at the term beginning on the 37th day of April, 1903, upon indictment charging him with the murder of Laura Fugett (his wife), by “then and there cutting and stabbing the said Laura Fugett with a knife.” To this indictment, when arraigned, the defendant pleaded “not guilty.” The jury found him guilty of murder in the first degree, assessing his punishment at death. ■ Appellant made a motion to quash the indictment in the court below on the ground of race discrimination in the appointment of jury commissioners, and in the…
1Opinion of the Court
DAVIDSON, Presiding Judge.
This is a case in which a negro man was assessed the death penalty for killing his wife. A careful review of the testimony shows there has been no race discrimination in the selection of grand and petit juries in Johnson'County; therefore, there was no error in overruling appellant’s contentions along these lines. The witnesses introduced were men in the main of unusual intelligence and high standing. Among other witnesses was Dr. Barnes, a negro physician whose testimony was rather incisively to the effect that there were no negroes in Johnson County qualified to…
2Cited by2 opinions
- Haynes v. StateSupreme Court of Florida · 1916
- Claxton v. StateCourt of Criminal Appeals of Texas · 1923