Foster v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bowie. Tried below before Hon. J. M. Talbot. Appeal from a conviction for murder in the second degree, penalty assessed being fifteen years imprisonment in the penitentiary. The indictment charged appellant with the murder of W. R. Balthrop,, in the county of Bowie, on the 31st day of July, 1897, by shooting him with a pistol. In view of the disposition made of this appeal a statement of the caséis unnecessary.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the second degree, and given fifteen years in the penitentiary; hence this appeal.
When the case was called for trial, appellant moved to quash the special venire because he had not been served with a copy of said venire one day before trial; that two copies of a venire, on the 13th of October, 1897,, were delivered to him by the sheriff of Bowie County, in one of which the names of the jurors were numbered consecutively from 1 to 60, and in the other from 1 to 53, both of which said copies were certified by the clerk to be correct; and both…
2Cited by4 opinions
- Marshall v. StateCourt of Criminal Appeals of Texas · 1969
- Wesley v. StateCourt of Criminal Appeals of Texas · 1940
- Bradley v. StateCourt of Criminal Appeals of Texas · 1923
- Wright v. StateCourt of Criminal Appeals of Texas · 1970