Richardson v. State
Court of Appeals of Texas
Appeal from the District Court of Smith. Tried below before the Hon. J. C. Robertson. Appellant was indicted for the murder of Michael See, by shooting him with a gun on the 7th of August, 1873. The trial was had at the September term, 1879, of the court below, and resulted in his conviction of murder in the first degree, and the assessment of his punishment at death.
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Appeal from the District Court of Smith. Tried below before the Hon. J. C. Robertson. Appellant was indicted for the murder of Michael See, by shooting him with a gun on the 7th of August, 1873. The trial was had at the September term, 1879, of the court below, and resulted in his conviction of murder in the first degree, and the assessment of his punishment at death. It appears from the evidence that the deceased was a cleric of S. Wilkins, at Gladewater, who, on the 7th of August, 1873, dispatched him on horseback to Tyler in Smith County, instructing him to travel the direct road. Deceased…
1Opinion of the CourtWhite, P. J.
In capital cases, it is provided that “ no arraignment shall take place until the expiration of at least two entire days after the.day on which a copy of the indictment-was served on the defendant, unless the right to such *490copy or to such delay be waived, or unless defendant is on bail.” Rev. Code Cr. Proc., art. 510. We apprehend, however, that no case can be found holding that the objection of no service of such copy can be raised for the first time, as in this case, on motion for a new trial. True, in the case of Record v. The State, 36 Texas, 521, it is intimated that such practice was…
2Cases cited5 opinions
- Pond v. PeopleMichigan Supreme Court · 1860
- Horbach v. StateTexas Supreme Court · 1875
- Carroll v. StateSupreme Court of Alabama · 1853
- Munden v. StateTexas Supreme Court · 1873
- Record v. StateTexas Supreme Court · 1872