Ashton v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Dallas. Tried below before Hon. Charles Fred Tucker. Appellant was indicted for assault to murder one J. R Brown, and upon his trial was convicted of that offense and given four years in the penitentiary as his punishment. The difficulty out of which the prosecution arose occurred at the Santa Fe depot in the city of Dallas, where the injured party, Brown, had gone to take the train.
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Appeal from the District Court of Dallas. Tried below before Hon. Charles Fred Tucker. Appellant was indicted for assault to murder one J. R Brown, and upon his trial was convicted of that offense and given four years in the penitentiary as his punishment. The difficulty out of which the prosecution arose occurred at the Santa Fe depot in the city of Dallas, where the injured party, Brown, had gone to take the train. Before procuring his ticket, Mrs. Pipes and Mr. Batchelor, who resided in Dallas, came in to see him on business, which prevented him from getting off on that train. After the…
1Opinion of the Court
SIMKINS, Judge.
1. The appellant complains that the court erred in compelling him to accept the juror Lilly. The juror, on his voir dire, stated he had no prejudice or bias against the defendant, nor had he established in his mind such a conclusion as to the guilt or innocence of the defendant as would influence his action in finding a verdict, but that he had formed an opinion which it would require evidence to remove, which opinion was based entirely on newspaper accounts; still his opinion would not prevent his giving defendant a fair and impartial trial. The court was satisfied from the…
2Cases cited1 opinion
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by12 opinions
- Taylor v. StateSupreme Court of Florida · 1905
- Ex Parte McCormickCourt of Criminal Appeals of Texas · 1935
- Parker v. StateCourt of Criminal Appeals of Texas · 1921
- Jones v. StateCourt of Criminal Appeals of Texas · 1914
- Thomas v. StateCourt of Criminal Appeals of Texas · 1902
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