Legal Opinion

Miller v. State

Court of Criminal Appeals of Texas

Decided November 27, 1940No. 21230Published

The opinion states the case.

1Opinion of the Court

GRAVES, Judge.

Appellant was convicted of murder and given a penalty of two years in the penitentiary.

Appellant’s first bill of exceptions relates to the fact that while Charlie Bruton, a State’s witness, was on the stand he was asked why he went down to appellant’s home on the morning of the killing. His answer was that he went down there to get a drink of whisky. Upon appellant’s objection, the court instructed the jury to disregard the question and answer thereto; nevertheless appellant reserved his exception to the asking of the question. Appellant argues that the asking of such question…

2Cases cited5 opinions

  1. Ard v. StateCourt of Criminal Appeals of Texas · 1925
  2. Alexander v. StateCourt of Criminal Appeals of Texas · 1928
  3. Booth v. StateCourt of Criminal Appeals of Texas · 1921
  4. Musick v. StateCourt of Criminal Appeals of Texas · 1927
  5. Dyer v. StateCourt of Criminal Appeals of Texas · 1927

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