Hunt v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before the Hon. W. A. Blackburn. This appeal is from the third trial of the appellant upon an indictment which charges him with the murder of Harvey Carter, on September 28, 1877, in Williamson County. The first trial was had at the Spring term, 1878, and resulted in the disagreement of the jury.
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Appeal from the District Court of Williamson. Tried below before the Hon. W. A. Blackburn. This appeal is from the third trial of the appellant upon an indictment which charges him with the murder of Harvey Carter, on September 28, 1877, in Williamson County. The first trial was had at the Spring term, 1878, and resulted in the disagreement of the jury. The second was had at the ensuing Autumn term, and resulted in the conviction of the appellant for murder in the first degree, and judgment of death. From that judgment he appealed, and at the Tyler term, 1879, it was reversed by this court…
1Opinion of the CourtWhite, P. J.
During the trial, Dr. McDonald was placed upon the stand as a witness for the prosecution. He stated that he was a practising physician and druggist, and had been engaged in the practice of his profession for twenty-five years. Amongst the other questions asked him on his examination, the following were propounded to him by the prosecuting attorney, viz.: “ Which, in your opinion, was the first shot fired, and how many persons were engaged in the shooting and cutting of Carter?” Defendant objected to the witness being allowed to answer, but the court overruled his objections, and the witness…
2Cases cited4 opinions
- Davis v. StateCourt of Appeals of Maryland · 1873
- Cooper v. StateTexas Supreme Court · 1859
- Heald v. ThingSupreme Judicial Court of Maine · 1858
- People v. RogersNew York Supreme Court · 1872
3Cited by1 opinion
- Flanagan v. StateSupreme Court of Georgia · 1898