Legal Opinion

Beard v. State

Court of Criminal Appeals of Texas

Decided October 25, 1899No. 2045PublishedCited by 3 opinions

Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Joe Collins on the 15th day of December, 1898, by shooting him with a gun.

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Appeal from the District Court of Shelby. Tried below before Hon. Tom C. Davis. Appeal from a conviction of murder in the first degree; penalty, imprisonment for life in the penitentiary. Appellant was charged by the indictment with the murder of Joe Collins on the 15th day of December, 1898, by shooting him with a gun. Appellant owned a farm in Shelby County, a part of which he rented to deceased, Joe Collins, who lived on said farm in a house, about a quarter of a mile from where defendant lived. In the summer of 1889 the parties seemed to have had a falling out about the settlement between…

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life.

We will take up. appellant’s exceptions to the special venire in the order in which they appear in appellant’s first bill of exceptions. The first objection to the special venire is “that the special venire, as served upon appellant, shows the name of N. B. Grubbs as having been summoned twice.” A mere clerical mistake, such as that indicated in appellant’s exception, will not vitiate the panel.

Appellant’s next exception is “that said copy of said venire…

2Cases cited7 opinions

  1. Bennett v. StateCourt of Criminal Appeals of Texas · 1898
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1894
  3. Parker v. StateCourt of Criminal Appeals of Texas · 1894
  4. Gay v. StateCourt of Criminal Appeals of Texas · 1899
  5. Smith v. StateCourt of Criminal Appeals of Texas · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Jenkins v. StateCourt of Criminal Appeals of Texas · 1906
  2. Bolden v. StateCourt of Criminal Appeals of Texas · 1972
  3. Bolden v. StateCourt of Criminal Appeals of Texas · 1972

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