Burton v. State
Court of Criminal Appeals of Texas
The testimony for the State establishes an unprovoked killing with a gun. The defense introduced testimony that defendant was very drunk at the time of the homicide; also that defendant was addicted to the use of cocaine, morphine and other narcotics. Defendant testified that deceased struck him on the head with a whip, but the witnesses for the State testified that the deceased was doing nothing at the time.
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of murder in the first degree and his punishment assessed at confinement in the penitentiary for life.
The sixth bill of exceptions shows that after the exhaustion of the special venire, six jurors having been chosen, the court ordered the sheriff to call the roll of jurors summoned for the week. To which ■action of the court defendant objected, because said jurors had not been regularly summoned in this cause in accordance with the law. Whereupon the court instructed the sheriff to summon as talesmen the jury for the week, and proceeded to interrogate one…
2Cases cited4 opinions
- Thompson v. StateCourt of Criminal Appeals of Texas · 1894
- Edwards v. StateCourt of Criminal Appeals of Texas · 1897
- Bates v. StateCourt of Criminal Appeals of Texas · 1902
- Ex Parte KruppCourt of Criminal Appeals of Texas · 1899
3Cited by5 opinions
- State v. HuntNew Mexico Supreme Court · 1920
- Anderson v. StateCourt of Criminal Appeals of Texas · 1912
- Collins v. StateCourt of Criminal Appeals of Texas · 1924
- Phillips v. StateCourt of Criminal Appeals of Texas · 1906
- Lawrence v. StateCourt of Criminal Appeals of Texas · 1912