Legal Opinion

Moody v. State

Court of Criminal Appeals of Texas

Decided June 5, 1901No. 2172PublishedCited by 1 opinion

Appeal from the District Court of Swisher. Tried below before Hon. N. H. Wallace. Appeal from a conviction of murder in the second degree; penalty, seven years imprisonment in the penitentiary. Appellant was charged by the indictment with the murder of J. H. Miller, on the 8th day of February, 1901, by shooting him with a pistol. In view of the disposition of the case on this appeal, it is unnecessary to make a statement of the evidence.

1Opinion of the Court

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of seven years.

By bill of exceptions it is made to appear that the special venire consisted of seventy-two names; that proper service had been had, etc. At ■ the time the case was calléd for trial, twelve of the special venire had been impaneled in another case and had it then under consideration. Appellant moved a postponement of his trial until the presence of the absent twelve veniremen could be obtained. This was overruled. He then…

2Cited by1 opinion

  1. Wheeler v. StateCourt of Criminal Appeals of Texas · 1948

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