Moody v. State
Court of Criminal Appeals of Texas
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
- Wheeler v. StateCourt of Criminal Appeals of Texas · 1948