Legal Opinion

Shaw v. State

Court of Criminal Appeals of Texas

Decided May 17, 1893No. 56PublishedCited by 35 opinions

Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Cavin. Appellant was indicted for the murder of one Annie C. Shaw. Annie C. Shaw was his own mother. At his trial he was found guilty of murder in the first degree, with his punishment assessed at death. The evidence developed the fact that he killed his mother, Mrs. Annie Shaw, and his aunt, Mrs. Isabella Johnson, by cutting their throats from ear to ear.

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Appeal from the Criminal District Court of Harris. Tried below before Hon. E. D. Cavin. Appellant was indicted for the murder of one Annie C. Shaw. Annie C. Shaw was his own mother. At his trial he was found guilty of murder in the first degree, with his punishment assessed at death. The evidence developed the fact that he killed his mother, Mrs. Annie Shaw, and his aunt, Mrs. Isabella Johnson, by cutting their throats from ear to ear. The defendant pleaded not guilty to the charge, and his counsel, who were appointed by the court to represent the defendant, urged insanity as a defense. The…

1Opinion of the Court

DAVIDSON, Judge.

Appellant prosecutes this appeal from a conviction of murder in the first degree, in which the penalty of death was assessed.

1. The court did not err in refusing the application for a continuance for the witness Gentry. It is not true that this witness would have testified as set forth in the application, which is made fully to appear by the record.

2. Pending the empanelling of the jury, one Hill asked the juror Gaston if he should inform Mrs. Gaston that he had been selected as a juror in the case. Gaston only heard a part of the remark, and did not enter into conversation…

2Cases cited3 opinions

  1. March v. StateTexas Supreme Court · 1875
  2. Salas v. StateCourt of Criminal Appeals of Texas · 1893
  3. Washburn v. StateCourt of Criminal Appeals of Texas · 1892

3Cited by35 opinions

  1. Martinez v. StateCourt of Criminal Appeals of Texas · 1993
  2. Silver v. StateCourt of Criminal Appeals of Texas · 1928
  3. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  4. Steen v. StateCourt of Criminal Appeals of Texas · 1922
  5. Watson v. StateCourt of Criminal Appeals of Texas · 1917

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