Legal Opinion

Taylor v. State

Court of Criminal Appeals of Texas

Decided January 23, 1907No. 3822PublishedCited by 25 opinions

Appeal from the District Court of Jefferson. Tried beloty before the Hon. W. H. Pope. ■ Appeal from a conviction of murder in the first degree; penalty, death.

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Appeal from the District Court of Jefferson. Tried beloty before the Hon. W. H. Pope. ■ Appeal from a conviction of murder in the first degree; penalty, death. The State’s testimony shows that while the deceased was in a saloon to take a drink with the proprietor, the defendant came into the saloon and asked if he could drink with the parties, saying, “White folks, give me some of that whisky”; deceased replied, “Who are you?” and had his hand in his pocket rattling his money, stepping behind the defendant and looking at him; that defendant backed inside the door, and when deceased got about…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

Bill of exceptions number 1 complains of the following statement in the argument by the county attorney: “I am well enough acquainted with this class of niggers to know that they have got it in for the race in their heart, and in their hearts call them all white sons of bitches.” Defendant then and there, in open court, objected, and asked the court to reprimand the county attorney, and to admonish him against the use of such references to the defendant, to which the court only replied,…

2Cases cited2 opinions

  1. Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
  2. Fredrickson v. StateCourt of Criminal Appeals of Texas · 1902

3Cited by25 opinions

  1. Atkinson v. StateCourt of Criminal Appeals of Texas · 1996
  2. Moulton v. StateSupreme Court of Alabama · 1917
  3. Russell v. StateCourt of Criminal Appeals of Texas · 1988
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1908
  5. State v. WellmanSupreme Court of Missouri · 1913

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