Legal Opinion

Hudson v. State

Texas Supreme Court

Decided July 1, 1874PublishedCited by 22 opinions

Appeal from Rusk. Tried below before the Hon. J. B. Williamson. Dennis Hudson was indicted for murder on the twelfth of September, 1873; on same day capias issued. On the 13th he was arrested, and on the 20th he was tried and convicted of murder in the first degree, with commutation of punishment to imprisonment for life. His motions in arrest of judgment and for new trial were overruled, and he appealed. The proceedings are set forth carefully in the opinion,

1Opinion of the Court

Reeves, Associate Justice.

The appellant was tried and convicted for the murder of one Charley Craig, and his punishment fixed by the jury at confinement in the penitentiary for life. There was a motion for a new trial and motion to arrest the judgment.

The defendant sought to arrest the judgment on three distinct grounds:

1. Because the grand jury by which the indictment was preferred was illegal, the same having been selected by the District Court, when, by law, the said grand jury should have been selected by the County Court of Rusk county, and not by the District Court.

2. Defendant says the…

2Cases cited3 opinions

  1. O'Connell v. StateTexas Supreme Court · 1857
  2. Atkinson v. StateTexas Supreme Court · 1857
  3. Earnest v. TaylorTexas Supreme Court · 1860

3Cited by22 opinions

  1. Bishop v. StateTexas Supreme Court · 1875
  2. Powell v. StateCourt of Criminal Appeals of Texas · 1924
  3. Bray v. State, Texas Court of Appeals, 5th District (Dallas)1982
  4. Woods v. StateCourt of Appeals of Texas · 1888
  5. Jones v. StateCourt of Criminal Appeals of Texas · 1919

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