Legal Opinion

Gonzales v. State

Court of Criminal Appeals of Texas

Decided February 1, 1893No. 22PublishedCited by 15 opinions

Appeal from the District Court of Bee. Tried below before Hon. Jas. C. Wilson. This appeal is from a judgment of conviction for murder of the first degree, the penalty being assessed at death. The murdered victim was appellant’s wife, and she was killed with a knife. Palao Gonzales, for the State, testified: I am about 14 years old, and am the daughter of defendant, Augustine Gonzales, and deceased, Tosora Gonzales.

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Appeal from the District Court of Bee. Tried below before Hon. Jas. C. Wilson. This appeal is from a judgment of conviction for murder of the first degree, the penalty being assessed at death. The murdered victim was appellant’s wife, and she was killed with a knife. Palao Gonzales, for the State, testified: I am about 14 years old, and am the daughter of defendant, Augustine Gonzales, and deceased, Tosora Gonzales. On the night of March 24, 1892, my father came home just at night, and remained there until awhile before day. My father and mother went to bed together, and I went to bed in same…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

1. The first juror called, on his voir dire, stated that he had “conscientious scruples in regard to the infliction of the punishment of death for crime,” and was challenged by the prosecution. The court subsequently, and until the eighth juror had been empanelled, without objection of defendant, examined the jurors in reference to the causes for challenge, and, as the juror affirmed his scruples in reference to the infliction of capital punishment, would himself excuse the jurors. The…

2Cited by15 opinions

  1. Butler v. StateCourt of Criminal Appeals of Texas · 1973
  2. United States v. PuffCourt of Appeals for the Second Circuit · 1954
  3. Coffman v. StateCourt of Criminal Appeals of Texas · 1914
  4. Christian v. StateCourt of Criminal Appeals of Texas · 1913
  5. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1911

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