Carter v. State
Texas Supreme Court
Appeal from Panola. Indictment for murder of William Mills. The killing occurred in the town of Pulaski, near a grocery, on the 3rd of December, 1851. The prisoner had been drinking to excess for several days, and more or less for several weeks. On the day of the killing there were"several persons in and about the grocery, drinking and playing cards.
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Appeal from Panola. Indictment for murder of William Mills. The killing occurred in the town of Pulaski, near a grocery, on the 3rd of December, 1851. The prisoner had been drinking to excess for several days, and more or less for several weeks. On the day of the killing there were"several persons in and about the grocery, drinking and playing cards. While the prisoner and one Dodson were playing cards, the latter said to the other, on some trivial occasion, that he, the prisoner, did not have a soul larger than a mustard seed. A bystander, who stated that he considered it in jest, remarked…
1Opinion of the CourtWheeler, J.
The ground relied on for a reversal of the judgment in the brief furnished the Court by counsel for the appellant, is that it does not appear by the record that.the indictment was returned into Court by the grand jury.
The record in this Court is a transcript of the indictment and the proceedings thereon had at the trial. It does not purport to contain, nor need it contain a transcript of the record of all the proceedings had in the District Court anterior to the trial. The absence in the record of the evidence of the bringing into Court of the indictment by the grand jury, therefore, does not…
2Cited by22 opinions
- Goodwin v. StateIndiana Supreme Court · 1883
- Torres v. StateCourt of Criminal Appeals of Texas · 1979
- Leache v. StateCourt of Appeals of Texas · 1886
- Hanks v. StateCourt of Criminal Appeals of Texas · 1976
- Evers v. StateCourt of Criminal Appeals of Texas · 1892
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