Legal Opinion

Waters v. State

Court of Criminal Appeals of Texas

Decided June 24, 1908No. 3871PublishedCited by 19 opinions

The following statement of the facts of the case contained in the brief of the Assistant Attorney-General is substantially correct. On the 37th day of January, 1907, two miles west of Lancaster in Dallas County there was a party and dance at the house of Jack Pritchett. At this dance Borden Brandon and his brother, Will Brandon, the deceased, had a difficulty with Buck Walters and his brother, Lee Walters.

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The following statement of the facts of the case contained in the brief of the Assistant Attorney-General is substantially correct. On the 37th day of January, 1907, two miles west of Lancaster in Dallas County there was a party and dance at the house of Jack Pritchett. At this dance Borden Brandon and his brother, Will Brandon, the deceased, had a difficulty with Buck Walters and his brother, Lee Walters. Some threats were made by the defendant at said dance against the deceased. Shortly after this difficulty the defendant and his brother left the dance and the deceased and his brother also…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of manslaughter and his punishment assessed at confinement in the penitentiary for five years.

A bill of exceptions was reserved by the appellant to the court’s action in overruling his motion to quash the jury panel on the ground that what is commonly known as the Jury Wheel law, passed by the Thirtieth Legislature is unconstitutional. This question was passed on by ns adversely to appellants contention in the case of Bob Smith v. State, at the present term of this court.

Appellant further reserved a bill of exceptions to the failure of the court to limit…

2Cases cited2 opinions

  1. Easterwood v. StateCourt of Criminal Appeals of Texas · 1895
  2. White v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by19 opinions

  1. Lowe v. StateCourt of Criminal Appeals of Texas · 1918
  2. Clark v. StateCourt of Criminal Appeals of Texas · 1909
  3. Betts v. StateCourt of Criminal Appeals of Texas · 1910
  4. Puryear v. StateCourt of Criminal Appeals of Texas · 1909
  5. Oates v. StateCourt of Criminal Appeals of Texas · 1909

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