Legal Opinion

Black v. State

Court of Criminal Appeals of Texas

Decided March 16, 1904No. 2913Published

AI. Allsup, the party who was with deceased when he was shot, and who made the arrest, testified that about dusk on the day of the killing the town marshal told the deceased and witness to go and arrest the defendant. Deceased (Jordan), McCoy, the marshal and witness went to where defendant was, near the grain house. The defendant had a gun in his hand and his hat off, swearing and singing. “I told him we had come to arrest him and we did not want any trouble.

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AI. Allsup, the party who was with deceased when he was shot, and who made the arrest, testified that about dusk on the day of the killing the town marshal told the deceased and witness to go and arrest the defendant. Deceased (Jordan), McCoy, the marshal and witness went to where defendant was, near the grain house. The defendant had a gun in his hand and his hat off, swearing and singing. “I told him we had come to arrest him and we did not want any trouble. He replied, "Don’t come any closer, or I will shoot you.” I suppose I was five or six feet from him at that time. I told defendant,…

1Opinion

DAVIDSON, Presiding Judge.

At our recent Dallas term the judgment herein was affirmed. It is contended the opinion was in error holding the action of the trial court correct in sustaining the challenge to the juror Atkins. It is not proposed here to make a restatement of the facts in regard to this matter, but reference is made to the original opinion. This juror was thoroughly investigated on his void dire in .regard to whether he had conesientious scruples against the infliction of the death penally. He answered.in the negative, and was accepted by both parties, as is shown by the statement…

2Cases cited6 opinions

  1. Horbach v. StateTexas Supreme Court · 1875
  2. State v. KennedyLouisiana Court of Errors and Appeals · 1845
  3. People v. DamonNew York Supreme Court · 1835
  4. McGuire v. StateMississippi Supreme Court · 1872
  5. State v. DubordSupreme Court of Louisiana · 1847

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