Rather v. State
Court of Appeals of Texas
Appeal from the District Court of Shelby. Tried below before the Hon. J. I. Perkins. The death penalty was assessed against the appellant upon his conviction for murder of the first degree. The charging part of the indictment reads as follows: * * * “that Joe Rather did in Shelby county, in the State of Texas, on the sixth day of January, A. D. 1888, of his malice aforethought express kill and murder Viney Rather, by shooting her with a gun; against the peace,” etc.
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Appeal from the District Court of Shelby. Tried below before the Hon. J. I. Perkins. The death penalty was assessed against the appellant upon his conviction for murder of the first degree. The charging part of the indictment reads as follows: * * * “that Joe Rather did in Shelby county, in the State of Texas, on the sixth day of January, A. D. 1888, of his malice aforethought express kill and murder Viney Rather, by shooting her with a gun; against the peace,” etc. James Armour was the first witness for the State. He testified that he knew the defendant, whom he pointed out in open court,…
1Opinion of the Court
White, Presiding Judge.
This appeal is from a conviction for murder of the first degree, with the penalty assessed at death. The murdered victim was appellant’s own wife.
A motion in arrest of judgment was made by defendant’s counsel, and was based upon three grounds in substance, as follows: 1. Because the fact of the finding and return of the indictment by the grand jury into open court was not entered upon the minutes of the court. 2. Because the indictment does not warrant a conviction for a higher grade of crime than murder of the second degree. 3. It does not appear from the minutes of…
2Cited by5 opinions
- Williams v. StateCourt of Criminal Appeals of Texas · 1958
- Arnold v. StateCourt of Criminal Appeals of Texas · 1945
- Poe v. StateCourt of Criminal Appeals of Texas · 1924
- Poe v. StateCourt of Criminal Appeals of Texas · 1924
- Williams v. StateCourt of Criminal Appeals of Texas · 1958