Martin v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Delta. Tried below before Hon. H. C. Conner. Appeal from a conviction of theft of money over $50 in value; penalty, two years imprisonment' in the penitentiary. The indictment alleged ownership of the money ($150) in John Tennison, who was the real owner. Tennison testified that he drove to the cotton yard to unload three bales of cotton from his wagon. That the defendant and another negro unloaded the wagon.
Read the full summary
Appeal from the District Court of Delta. Tried below before Hon. H. C. Conner. Appeal from a conviction of theft of money over $50 in value; penalty, two years imprisonment' in the penitentiary. The indictment alleged ownership of the money ($150) in John Tennison, who was the real owner. Tennison testified that he drove to the cotton yard to unload three bales of cotton from his wagon. That the defendant and another negro unloaded the wagon. That he took out his poclcetboolc to get a receipt, and in endeavoring to put it back into his pocket must have missed the pocket and dropped the…
1Opinion of the Court
HENDEBSOiST, Judge.
Appelant was convicted of the theft of money over the value of $50, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
Appellant made a motion to quash the indictment because, in the formation of the grand and petit juries (appellant being a negro) he was discriminated against. This question was gone into by the court, and witnesses examined. In our opinion, appellant failed to show that his race was discriminated against in the formation of either the grand or petit jury. True, no jurors of his race were drawn on…
2Cases cited1 opinion
- Dunn v. StateCourt of Criminal Appeals of Texas · 1895
3Cited by9 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1904
- Sessions v. StateCourt of Criminal Appeals of Texas · 1925
- Doolin v. StateCourt of Criminal Appeals of Texas · 1922
- Beasley v. StateCourt of Criminal Appeals of Texas · 1942
- Briscoe v. StateCourt of Criminal Appeals of Texas · 1926
4 more not listed; retrieve them via the Exa API.