Legal Opinion

Nelson v. State

Court of Criminal Appeals of Texas

Decided April 17, 1907No. 3424PublishedCited by 3 opinions

The deceased was shot and killed about 10 o’clock at night on the street of a city while attending a carnival or show, by a shot; the ball going in the belt of his pants in the back and coming out in front. A little girl was shot at the same time. There was a large crowd of people, and much noise and excitement at the place where the shooting took place.

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The deceased was shot and killed about 10 o’clock at night on the street of a city while attending a carnival or show, by a shot; the ball going in the belt of his pants in the back and coming out in front. A little girl was shot at the same time. There was a large crowd of people, and much noise and excitement at the place where the shooting took place. The State’s testimony showed that the defendant was wrangling, just before the shooting with a negro woman; they were about in the center of the street; defendant was facing east and she had ' im by the coat and was backing him west; she had…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at thirty years confinement in the penitentiary.

Appellant filed a motion in arrest of judgment because it does not affirmatively appear from the reading of the indictment that the grand jurors finding and returning the same were selected from the body of Falls County; that the phrase “grand jurors for Falls County” does not necessarily imply that they were composed from and taken in and from said Falls County; that the same is not endorsed with the name of the county attorney, giving his name,…

2Cited by3 opinions

  1. Baker v. StateCourt of Criminal Appeals of Texas · 1920
  2. Starbeck v. StateCourt of Criminal Appeals of Texas · 1908
  3. Milstead v. StateCourt of Criminal Appeals of Texas · 1916

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