Legal Opinion

May v. State

Court of Criminal Appeals of Texas

Decided January 27, 1894No. 292PublishedCited by 16 opinions

Appear from the District Court of Karnes-. Tried below before Hon. S. F. Grimes. Appellant was indicted in the ordinary form for the murder of one Frank Martin. The murder was committed in the attempt at robbery of a railroad train on the San Antonio & Aransas Pass Railroad, near the station of Brackenridge, in Karnes County. At the trial appellant was convicted of murder of the'first degree, his punishment being assessed at death.

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Appear from the District Court of Karnes-. Tried below before Hon. S. F. Grimes. Appellant was indicted in the ordinary form for the murder of one Frank Martin. The murder was committed in the attempt at robbery of a railroad train on the San Antonio & Aransas Pass Railroad, near the station of Brackenridge, in Karnes County. At the trial appellant was convicted of murder of the'first degree, his punishment being assessed at death. In the impanelling of the jury defendant challenged, for cause, several of the veniremen, who, on their voir dire examination, stated that they “had formed an…

1Opinion of the Court

HURT, PRESIDING Judge.

Conviction of murder of the first degree, with the death penalty. Two matters require notice:

Were certain jurors disqualified because they, or either of them, had such an opinion as to the guilt or innocence of appellant as would influence them, or either of them, in finding a verdict1? We have carefully examined the bills of exception relating to each venireman, and are of opinion that no juror who served was disqualified because of such an opinion. We have tested them by the rules laid down in the Rothschild case, 7 Texas Criminal Appeals, 519, and other cases on the…

2Cited by16 opinions

  1. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  2. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1908
  4. Long v. StateCourt of Criminal Appeals of Texas · 1931
  5. State Ex Rel. Foraker v. HoffmanSupreme Court of Missouri · 1925

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