Baker v. State
Court of Appeals of Texas
Appeal from the District Court of Caldwell. Tried below before the Hon. L. W. Moore. A former appeal in this case is reported in volume 3 of the Texas Court of Appeals Reports, page 525. Being reversed and remanded on that appeal, it came to a second trial in March, 1878, when the appellant was again found guilty of murder in the second degree. His punishment was assessed at five years in the penitentiary, instead of eight years as on his former conviction.
Read the full summary
Appeal from the District Court of Caldwell. Tried below before the Hon. L. W. Moore. A former appeal in this case is reported in volume 3 of the Texas Court of Appeals Reports, page 525. Being reversed and remanded on that appeal, it came to a second trial in March, 1878, when the appellant was again found guilty of murder in the second degree. His punishment was assessed at five years in the penitentiary, instead of eight years as on his former conviction. The indictment was found at the April term, 1874, of the District Court of Caldwell County, and charged that David P. Baker, the…
1Opinion of the CourtWinkler, J.
Three special objections to the verdict of conviction are taken by the appellant, and are set out in the motion for a new trial, and assigned as error, to wit:
“1. That the person who was in charge of, and acted in the capacity of bailiff in attendance upon, the jury, during the progress of the trial below, and whilst the jury were deliberating upon their verdict, was not a sworn officer of the county, nor sworn specially as bailiff for the occasion, and was related to the person for whose murder the accused was then on trial.
•“ 2. That two of the jurors who sat upon the trial were summoned in…
2Cases cited4 opinions
- Jones v. StateTexas Supreme Court · 1854
- Slaughter v. StateTexas Supreme Court · 1859
- Hudson v. StateTexas Supreme Court · 1874
- Roseborough v. StateTexas Supreme Court · 1875
3Cited by2 opinions
- O'Mary v. StateCourt of Criminal Appeals of Texas · 1930
- Knox v. StateCourt of Criminal Appeals of Texas · 1930