Mays v. State
Court of Criminal Appeals of Texas
The testimony showed that the defendant, a negro, was working about the yard of the Southern Pacific Ey. Co., and deceased, a white boy, about 18 or 20 years old was also an employee about the yards; that a day or two before the homicide the white boy called defendant “Irish”; that defendant seemed to be offended at this and told deceased not to call him that, that his name was Mays; that that evening or the next day deceased called defendant “Irish” again; that defendant…
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The testimony showed that the defendant, a negro, was working about the yard of the Southern Pacific Ey. Co., and deceased, a white boy, about 18 or 20 years old was also an employee about the yards; that a day or two before the homicide the white boy called defendant “Irish”; that defendant seemed to be offended at this and told deceased not to call him that, that his name was Mays; that that evening or the next day deceased called defendant “Irish” again; that defendant again warned him not to call him “Irish” and that his name was Mays, and if he called him that again, the third time was…
1Opinion
ON REHEARING.
May. 26, 1906.
HENDERSON, Judge.
Appellant has filed a motion for rehearing. Among other things he urgently insists that if we adhere to the holding in the McArthur case, 57 S. W. Rep., 847, which followed Lane’s case, 29 Texas Crim. App., 310, this case must be reversed, because the court overruled appellant’s challenge to the juror Fritz Strubner, whom appellant claims, was in accordance with the decisions, not a householder. It does appear in said cases that said juror would not be regarded as a householder, though there is some difference between the facts connected with the…
2Cases cited1 opinion
- Clark v. StateCourt of Criminal Appeals of Texas · 1900