Miller v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke, Appellant was indicted for the murder of one C. O. Brewer, and at his trial was convicted of murder in the first degree, the punishment being assessed by the verdict and judgment at death. Deceased was a policeman of the city of Dallas, and the defendant a negro who had been arrested by another policeman.
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Appeal from the District Court of Dallas. Tried below before Hon. R. E. Burke, Appellant was indicted for the murder of one C. O. Brewer, and at his trial was convicted of murder in the first degree, the punishment being assessed by the verdict and judgment at death. Deceased was a policeman of the city of Dallas, and the defendant a negro who had been arrested by another policeman. The defendant made application for a change of venue, on the ground, that there exists so great a prejudice against him at this time in Dallas County that he can not obtain a fair and impartial trial, and alleges…
1Opinion of the Court
DAVIDSON, Judge.
Appellant prosecutes this appeal from a conviction of murder in the first degree, with the death penalty assessed.
1. When the cause was called for trial, he applied for a change of venue, based upon both grounds mentioned in the statute. To this application was attached an exhibit—a newspaper account of the actions of a mob which sought to take defendant from custody for the purpose of hanging him. The controverting affidavit filed by the State was sufficient, both *635as to form and substance; wherefore the court did not err in overruling defendant’s exceptions to the same.…
Also in this document: Concurrence.
2Cases cited2 opinions
- Miller v. StateCourt of Criminal Appeals of Texas · 1893
- Stockton v. StateTexas Supreme Court · 1860
3Cited by18 opinions
- Hunt v. StateCourt of Criminal Appeals of Texas · 1921
- Lawrence v. StateCourt of Criminal Appeals of Texas · 1933
- Redman v. StateCourt of Criminal Appeals of Texas · 1911
- Deckerd v. StateCourt of Criminal Appeals of Texas · 1920
- Bennett v. StateCourt of Criminal Appeals of Texas · 1923
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