Spears v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Grayson. Tried below before .Hon. Don A. Bliss. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of Emma Spears on the 6th day of July, 1899, by cutting her throat with a razor. ' Emma Spears was the wife of appellant.
Read the full summary
Appeal from the District Court of Grayson. Tried below before .Hon. Don A. Bliss. Appeal from a conviction for murder in the first degree; penalty, death. The indictment charged appellant with the murder of Emma Spears on the 6th day of July, 1899, by cutting her throat with a razor. ' Emma Spears was the wife of appellant. The following summary of the most important facts proven upon the trial is taken from the brief for appellant: Defendant’s evidence as to what occurred at the time of the killing was that he and his wife had been separated, and that he had been to •see her at least once…
1Opinion of the Court
Appellant was convicted of murder in the first degree, and his punishment assessed at death, and he prosecutes this appeal.
Appellant, by a bill of exceptions, calls in question the action of the court in impaneling the jury. The bill shows that, out of a special venire of sixty men selected to serve as a special venire, about forty-five were served who had not been excused; that there were only twenty-three of said special veniremen present; that, after twenty-three names had been exhausted, the jury not having been completed, the sheriff was ordered to summon a number of talesmen, and to…
2Cases cited3 opinions
- McCoy v. StateTexas Supreme Court · 1860
- Farrer v. StateTexas Supreme Court · 1874
- Ake v. StateTexas Supreme Court · 1867
3Cited by10 opinions
- Ryan v. StateCourt of Criminal Appeals of Texas · 1911
- Williamson v. StateCourt of Criminal Appeals of Texas · 1914
- Manning v. StateCourt of Criminal Appeals of Texas · 1904
- Melton v. StateCourt of Criminal Appeals of Texas · 1904
- Grider v. StateCourt of Criminal Appeals of Texas · 1917
5 more not listed; retrieve them via the Exa API.