Benson v. State
Court of Criminal Appeals of Texas
Appeal, from the District Court of Fort Bend. Tried below before Hon. T. S. Reese. Appeal from a conviction of murder in the first degree, the penalty-being assessed at death.
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Appeal, from the District Court of Fort Bend. Tried below before Hon. T. S. Reese. Appeal from a conviction of murder in the first degree, the penalty-being assessed at death. The indictment charged appellant with the murder of George Canady, by shooting him with a pistol, on the 3d day of May, 1897. Briefly stated, the facts attendant upon the killing are that Canady, the deceased, was a farmer who had resided for several years near Simon-ton Switch, a railroad station in Fort Bend County; in fact, his residence was about 100 yards from the storehouse of Warren & Son, at “the Switch.”…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was tried and convicted of murder in the first degree, for killing George Canady, and his punishment assessed at death.
Appellant submitted a motion to quash the indictment. We have repeatedly passed upon a similar indictment to the one presented in this case, and held it sufficient. See Caldwell v. State, 28 Texas Crim. App., 566, and cases there cited.
A motion was made to quash the special venire. The explanation of the. trial judge and affidavits of the clerk show that the motion was not well taken. The statute pertaining to this subject was complied with,…
2Cited by5 opinions
- Giles v. StateCourt of Criminal Appeals of Texas · 1912
- Bronson v. StateCourt of Criminal Appeals of Texas · 1910
- Walker v. StateCourt of Criminal Appeals of Texas · 1958
- Bratcher v. StateCourt of Criminal Appeals of Texas · 1934
- Mizell v. StateCourt of Criminal Appeals of Texas · 1917