Jackson v. State
Court of Appeals of Texas
Appeal from the District Court of McLennan. Tried below before the Hon. Gustav Cook, on exchange. The conviction in this case was in the first degree for the murder of John Talley, in McLennan county, Texas, on the sixteenth day of July, 1887. The death penalty was assessed against the appellant.
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Appeal from the District Court of McLennan. Tried below before the Hon. Gustav Cook, on exchange. The conviction in this case was in the first degree for the murder of John Talley, in McLennan county, Texas, on the sixteenth day of July, 1887. The death penalty was assessed against the appellant. Harvey Wilcox testified, for the State, that he did not know the defendant, but he did know the deceased, who was shot and killed on July 16, 1887. Witness and his wife left their home a few minutes after five o’clock on that day to go to the house of the deceased for the purpose of milking for the…
1Opinion of the Court
Hurt, Judge.
This is a conviction for murder in the first degree, with the death penalty assessed.
On motion to quash, it was contended that the grand jury which presented the bill of indictment was not a legal grand jury, from the fact that one of the twelve members originally impaneled was, at the time of the presentment, not within the jurisdiction of the court, being domiciled in the city of St. Louis, Missouri. This precise question has been decided by this court in Drake v. The State (ante, p. 293), and it is there held that the legal existence of the grand jury was not affected by the ab*323s…
2Cited by2 opinions
- Marlow v. StateCourt of Criminal Appeals of Texas · 1976
- J. H. Hollis v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1958