Legal Opinion

Matthews v. State

Court of Criminal Appeals of Texas

Decided May 16, 1900No. 1927PublishedCited by 15 opinions

Appeal from the District Court of Cherokee, on a change of venue from Anderson. Tried below before Hon. J. G..Russell, Judge of the Seventh Judicial District, on exchange with Hon. Tom C. Davis, Judge of the Second Judicial District. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary.

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Appeal from the District Court of Cherokee, on a change of venue from Anderson. Tried below before Hon. J. G..Russell, Judge of the Seventh Judicial District, on exchange with Hon. Tom C. Davis, Judge of the Second Judicial District. Appeal from a conviction of murder in the second degree; penalty, twenty-five years imprisonment in the penitentiary. Appellant was charged by the indictment with, the murder of Jim Stafford in Anderson County on the 15th day of June, 1899, by shooting him with a pistol. The matter pertaining to the reassembling of and impanelment of the grand jury that presented…

1Opinion of the Court

BROOKS, Judge.

Appellant was indicted in Anderson Count)7, and upon change of venue was tried in. Cherokee County, was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of twenty-five years.

At the time the homicide was committed, in Anderson County, the District Court was in session, but the grand jury had been discharged for the term. The court set aside the order discharging the grand jury, and entered an order reassembling the grand jury. It appears that of the twelve members all were present in answer to said summons. On…

2Cases cited5 opinions

  1. Alexander v. StateCourt of Criminal Appeals of Texas · 1899
  2. Mitchell v. StateCourt of Criminal Appeals of Texas · 1897
  3. Airhart v. StateCourt of Criminal Appeals of Texas · 1899
  4. Edens v. StateCourt of Criminal Appeals of Texas · 1900
  5. Jackson v. StateCourt of Criminal Appeals of Texas · 1893

3Cited by15 opinions

  1. Casey v. StateCourt of Criminal Appeals of Texas · 1906
  2. Tardy v. StateCourt of Criminal Appeals of Texas · 1904
  3. Coker v. StateCourt of Criminal Appeals of Texas · 1913
  4. Millikin v. StateCourt of Criminal Appeals of Texas · 1927
  5. Ex Parte J.W. StrongCourt of Criminal Appeals of Texas · 1923

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