Brotherton v. State
Court of Appeals of Texas
Appeal from the District Court of Wichita. Tried below before Hon. George E. Miller. This appeal is from a judgment of conviction for murder in the first degree, in which the punishment was assessed at death. The murdered woman, Josie Brotherton, was the divorced wife of the defendant. The evidence, as contained in the statement of facts, is very voluminous, and is wholly circumstantial.
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Appeal from the District Court of Wichita. Tried below before Hon. George E. Miller. This appeal is from a judgment of conviction for murder in the first degree, in which the punishment was assessed at death. The murdered woman, Josie Brotherton, was the divorced wife of the defendant. The evidence, as contained in the statement of facts, is very voluminous, and is wholly circumstantial. It appears that some time prior to the homicide the parties had not lived happily together, and that the defendant had been prosecuted in the Mayor’s Court and convicted for an assault and battery upon his…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of murder in the first degree, and the jury assessed against him the death penalty.
After the. special venire had been exhausted, a list of twenty-four talesmen was tendered the appellant out of which to complete the jury; whereupon he objected to the list, because it had not been drawn by the jury commissioners, and because he had not had one day’s service of said list prior to the time he was to select the jury to try him. ' Neither objection has any merit in it.
When a special venire has been exhausted, and a jury has not been selected, “the court…
2Cited by11 opinions
- Marin v. StateCourt of Criminal Appeals of Texas · 1994
- Ex Parte MeadowsCourt of Criminal Appeals of Texas · 1967
- Gonzalez v. StateCourt of Criminal Appeals of Texas · 1956
- Spalding v. StateCourt of Criminal Appeals of Texas · 1939
- Ditto v. State, Texas Court of Appeals, 4th District (San Antonio)1995
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