Legal Opinion

Spearman v. State

Court of Criminal Appeals of Texas

Decided March 26, 1895No. 612PublishedCited by 15 opinions

Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. This appeal is from a conviction for murder of the first degree, with the penalty assessed at death. The following succinct statement of the case, which is substantially correct, is taken from the brief on file for the State: On June 18, 1894, defendant D. L. Spearman, left his house in a buggy about 4 a. m.

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Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. This appeal is from a conviction for murder of the first degree, with the penalty assessed at death. The following succinct statement of the case, which is substantially correct, is taken from the brief on file for the State: On June 18, 1894, defendant D. L. Spearman, left his house in a buggy about 4 a. m. The deceased, Horace Stephens, left his house about 4:30. They lived in houses adjoining each other, and about five and one-half miles northeast of Marshall. This was the last seen of Horace Stephens in…

1Opinion of the Court

HENDERSON, Judge.

The appellant was tried in the District Court of Harrison County under an indictment charging him with the murder of one Horace Stephens. He was found guilty by the jury of murder in the first degree, and his punishment assessed at death, and from said conviction he prosecutes this appeal.

The appellant filed and presented a motion to set aside and quash the indictment in this case, on the ground, as he alleges, that defendant was compelled against his own will, and while under arrest, by officers of the law, to appear before the grand jury and make a statement and give…

2Cited by15 opinions

  1. State v. EavesCourt of Criminal Appeals of Texas · 1990
  2. Williams v. StateCourt of Criminal Appeals of Texas · 1920
  3. State v. LloydWisconsin Supreme Court · 1913
  4. White v. StateCourt of Criminal Appeals of Texas · 1950
  5. Weaver v. StateCourt of Criminal Appeals of Texas · 1901

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