Smith v. State
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. J. L. Camp. On a night in April, 1875, about eleven o’clock, Henry Smith, a colored man, went to the house of Bhoda Wills, and three times called Amanda Killy, who, with Khoda Wills and George Bullard, (all colored,) were in the house.
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Appeal from Anderson. Tried below before the Hon. J. L. Camp. On a night in April, 1875, about eleven o’clock, Henry Smith, a colored man, went to the house of Bhoda Wills, and three times called Amanda Killy, who, with Khoda Wills and George Bullard, (all colored,) were in the house. It was testified that at the same time Smith said to Amanda he would beat her brains out if she did not come out; that he then broke open the door and entered the room, in which, according to the witness, there was no light; he then told Amanda to “ get up,” and walking to the fireplace, seized a • persimmon…
1Opinion of the Court
Reeves, Associate Justice.
This is an appeal by Henry Smith from a judgment of conviction for the murder of George Bullard. The jury found the defendant guilty of murder in the first degree and assessed the penalty of death. There was a motion in arrest of the judgment and motion for a new trial, both of which motions were overruled, and the defendant gave notice of an appeal. The motion in arrest of judgment is based on two grounds—
1. Because the indictment charges the defendant with no offense greater than a misdemeanor, if with any offense at all.
*6462. Because the indictment charges the…
2Cited by8 opinions
- Johnson v. StateCourt of Appeals of Texas · 1890
- Edwards v. StateSupreme Court of Florida · 1897
- Streetman v. StateCourt of Criminal Appeals of Texas · 1985
- Frizzell v. StateCourt of Appeals of Texas · 1891
- Nelson v. StateCourt of Appeals of Texas · 1876
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