Matkins v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of "Waller. Tried below before Hon. T. S. Reese. Appellant was indicted for the murder of John Dees, in Waller County, on the 27th day of June, 1894, by shooting him with a gun. The trial resulted in his conviction of murder of the second degree, his punishment being assessed at a term of five years in the penitentiary.
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Appeal from the District Court of "Waller. Tried below before Hon. T. S. Reese. Appellant was indicted for the murder of John Dees, in Waller County, on the 27th day of June, 1894, by shooting him with a gun. The trial resulted in his conviction of murder of the second degree, his punishment being assessed at a term of five years in the penitentiary. The testimony in brief shows, that defendant and deceased, John Dees, were cultivating tracts of land which were separated from each other by a lane. It seems that Dees’ hogs had been getting into Mat-kins’ field, and that Matkins had complained…
1Opinion of the Court
DAVIDSON, Judge.
1. A motion for new trial based upon the disqualification of one of the grand jurors was properly overruled. This does not constitute cause for a new trial. The qualifications of a grand juror can be reached only by challenge, and in no other way. Willson’s Crim. Proc., secs. 1901, 1902, 1906.
2. Impeaching testimony is not such newly discovered evidence as authorizes the granting of a new trial. The court did not err in refusing the new trial on this ground. Willson’s Crim. Proc., sec. 2644.
3. Two of the defendant’s witnesses had been indicted for the same murder of which…
2Cited by5 opinions
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- Cherry v. StateCourt of Criminal Appeals of Texas · 1931
- Ealey v. StateCourt of Criminal Appeals of Texas · 1920