Legal Opinion

Lane v. State

Court of Appeals of Texas

Decided December 17, 1890No. 3635PublishedCited by 4 opinions

Appeal from the District Court of the Fourteenth Judicial District of Dallas. Tried below before Hon. E. E. Burke. This conviction was in the second degree for the murder of J. W. Wilson in Dallas County, Texas, on the 8th day of August, 1888. A term of five years in the penitentiary was the penalty assessed by the verdict.

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Appeal from the District Court of the Fourteenth Judicial District of Dallas. Tried below before Hon. E. E. Burke. This conviction was in the second degree for the murder of J. W. Wilson in Dallas County, Texas, on the 8th day of August, 1888. A term of five years in the penitentiary was the penalty assessed by the verdict. The statement of facts in this case covers about 100 pages of a typewritten record, but for the purposes of this report a short summary will be sufficient. The proof shows that Wilson was shot by Lane early on the afternoon of August 8,1888, on the sidewalk in front of the…

1Opinion of the Court

WILLSON, Judge.

We are of the opinion,that the juror Brooks was not a householder and was disqualified to serve as a juror. A householder is one who is the head or master of a family; a person who occupies a house and has charge of and provides for a family therein. The term means something more than the mere occupant of a room or house. It implies the idea of a domestic establishment—the management of a household. It is not requisite that the person should be a married man. His family may consist of servants or others occupying the house with him, but he must be the head or master of the…

2Cited by4 opinions

  1. Berghean v. BergheanIndiana Court of Appeals · 1943
  2. Robertus v. StateCourt of Criminal Appeals of Texas · 1931
  3. Ferguson v. StateCourt of Criminal Appeals of Texas · 1931
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1926

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