Wilks v. State
Court of Appeals of Texas
Appeal from the District Court of Havarro. Tried below before the Hon, Rufus Hardy, The conviction was for an assault with intent to murder one Baylor Fauntleroy, in ¡Navarro county, Texas, on the thirteenth day of September, 1888. The penalty assessed against the appellant was a term of five years in the penitentiary. Baylor Fauntleroy was the first witness for the State.
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Appeal from the District Court of Havarro. Tried below before the Hon, Rufus Hardy, The conviction was for an assault with intent to murder one Baylor Fauntleroy, in ¡Navarro county, Texas, on the thirteenth day of September, 1888. The penalty assessed against the appellant was a term of five years in the penitentiary. Baylor Fauntleroy was the first witness for the State. He testified that, in September, 1888, he was in the employ of the St. Louis, Arkansas and Texas railway as brakeman on the passenger train. When the said train arrived at the depot in Corsicana the defendant and two negro…
1Opinion of the Court
White, Presiding Judge.
Appellant insists that the judgment should be reversed because the trial judge was disqualified from trying the case. This point was made in the court below, and the facts pertaining to the question are matters of record. From these it appears that at the time the offense was committed the Honorable Rufus Hardy, who, as judge of the district court (recently elected;, presided at the trial, was the district attorney of his district, one of the counties being Navarro, the county in which the offense here prosecuted was committed. After its commission appellant was…
2Cases cited1 opinion
- Houston & Texas Central Railway Co. v. RyanTexas Supreme Court · 1876
3Cited by9 opinions
- Hathorne v. StateCourt of Criminal Appeals of Texas · 1970
- Lee v. StateCourt of Criminal Appeals of Texas · 1977
- Miller v. Aetna Life InsuranceMontana Supreme Court · 1936
- Prince v. StateCourt of Criminal Appeals of Texas · 1952
- Garrett v. StateCourt of Criminal Appeals of Texas · 1950
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