Kellum v. State
Court of Criminal Appeals of Texas
Appeal from tbe District Court of McLennan. Tried below before Hon. L. W. Goodrich. Tbe indictment charged the appellant with tbe murder of one E. Kaufman, by shooting him with a pistol; and tbis appeal is from a judgment of conviction in which be was found guilty of murder of tbe first degree, the penalty being affixed at death. In view of tbe disposition of tbe case on appeal, a statement of tbe evidence is neither necessary nor called for.
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Appeal from tbe District Court of McLennan. Tried below before Hon. L. W. Goodrich. Tbe indictment charged the appellant with tbe murder of one E. Kaufman, by shooting him with a pistol; and tbis appeal is from a judgment of conviction in which be was found guilty of murder of tbe first degree, the penalty being affixed at death. In view of tbe disposition of tbe case on appeal, a statement of tbe evidence is neither necessary nor called for. Tbe court erred in overruling defendant’s motion to quash tbe special venire, because be did not have one day’s service of tbe names of the persons…
1Opinion of the Court
DAVIDSON, Judge.
This conviction was for murder in the first degree, and the punishment was fixed at death. When the cause was called for trial, appellant moved a quashal of the venire facias, because the copy served upon him omitted the names of seven veniremen summoned by the sheriff, as shown by his return upon the original writ. The defendant was in jail, and did not waive his right to have a complete list of said venire, as summoned, served upon him. The statute provides that “no defendant in a capital case shall be brought to trial until he has had one day’s service of a copy of the…
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- Marshall v. StateCourt of Criminal Appeals of Texas · 1969
- Thomas v. StateCourt of Criminal Appeals of Texas · 1911
- Brown v. StateCourt of Criminal Appeals of Texas · 1973
- Wright v. StateCourt of Criminal Appeals of Texas · 1970