Gardner v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Van Zandt. Tried below before Hon. W. J. Graham, on exchange with Hon. J. G. Russell. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was indicted for the murder of Will Swain, oh the 14th day of March, 1898, by shooting him with a pistol. Ike Lawler, the only eyewitness to the homicide, testified; “I know the defendant. I knew Will Swain; he is dead.
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Appeal from the District Court of Van Zandt. Tried below before Hon. W. J. Graham, on exchange with Hon. J. G. Russell. Appeal from a conviction of murder in the second degree; penalty, fifteen years imprisonment in the penitentiary. Appellant was indicted for the murder of Will Swain, oh the 14th day of March, 1898, by shooting him with a pistol. Ike Lawler, the only eyewitness to the homicide, testified; “I know the defendant. I knew Will Swain; he is dead. Tom Gardner killed him. I was present and saw him killed. On the 14th day of March, 1898, I went by where defendant was working in a…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of fifteen years; hence this appeal.
As explained by the court, there is nothing in appellant’s bill of exceptions questioning the action of the court in regard to the impanelment of the jury. It is not every opinion formed that disqualifies a juror. In this case none of the jurors .had any fixed opinion as to the guilt or innocence of appellant. The only one that appears to have entertained any opinion on this subject at all stated that he could…
2Cited by5 opinions
- Granato v. StateCourt of Criminal Appeals of Texas · 1973
- People v. SenegramCalifornia Court of Appeal · 1915
- Burns v. StateCourt of Criminal Appeals of Texas · 1909
- Granato v. StateCourt of Criminal Appeals of Texas · 1973
- King v. StateCourt of Criminal Appeals of Texas · 1931