Cavitt v. State
Court of Appeals of Texas
Appeal from the District Court of Brazos. Tried below before the Hon. W. E. Collard. On September 7, 1883, the grand jury of Brazos county presented an indictment charging Perry Cavitt, the appellant, with the murder of William Bracknell, by shooting him with a gun, on August 7, 1883. The trial was had at the same term of the court, and resulted in the conviction of appellant for murder in the first degree, and the assessment against him of the death penalty.
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Appeal from the District Court of Brazos. Tried below before the Hon. W. E. Collard. On September 7, 1883, the grand jury of Brazos county presented an indictment charging Perry Cavitt, the appellant, with the murder of William Bracknell, by shooting him with a gun, on August 7, 1883. The trial was had at the same term of the court, and resulted in the conviction of appellant for murder in the first degree, and the assessment against him of the death penalty. The opinion of this court will be found to indicate the material facts underlying thó leading rulings in the case, which obviously had…
1Opinion of the Court
Willson Judge.
1. There was no error in overruling the defendant’s motion to quash the special venire. The grounds of said motion were, first, that the jurors were selected solely from *197persons known to be not defendant’s equals, but his superiors; second, that in the selection of said jurors the persons or officials selecting did unjustly discriminate against persons of defendant’s race and kind, by refusing to select such persons as jurors. Bearing upon this motion the following facts are shown by the record. First, defendant is a negro, and was charged, and has been convicted of the murder…
2Cases cited2 opinions
- State v. BradleySupreme Court of Connecticut · 1881
- Williams v. StateTexas Supreme Court · 1875