Upchurch v. State
Court of Criminal Appeals of Texas
On the 19th day of November, 1894, an indictment was filed in the District Cojirt of McLennan County, Texas, against appellant, charging him with the murder of one Milton Hale. On the 2nd day of May, 1895, the case was called for trial, a jury was duly selected, empaneled and sworn to try the cause, and appellant entered his plea of “not guilty.”
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On the 19th day of November, 1894, an indictment was filed in the District Cojirt of McLennan County, Texas, against appellant, charging him with the murder of one Milton Hale. On the 2nd day of May, 1895, the case was called for trial, a jury was duly selected, empaneled and sworn to try the cause, and appellant entered his plea of “not guilty.” The State introduced its evidence and rested; after which, it being adjourning hour, the court put the jury in charge of an officer for the night, and took recess until next morning. During the night, and before the morning of the 3rd of May, Jesse…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of murder in the second degree, and given ten years in the penitentiary; hence this appeal. On the trial of the case, appellant interposed a plea of former jeopardy. The plea set out that the case against this defendant had been tried at a former term of the court; that pending the trial, and after all the evidence for the State had been introduced, and the court had adjourned over night, the wife of one of the jurors was reported to be very ill, the report being made to the sheriff. At about 12 o’clock of that night, the sheriff reported the fact, as…
2Cases cited1 opinion
- State v. SmithSupreme Court of Kansas · 1890
3Cited by13 opinions
- Crow v. StateCourt of Criminal Appeals of Texas · 1921
- State v. ChandlerOregon Supreme Court · 1929
- Baker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- People v. CampbellAppellate Court of Illinois · 1984
- Stough Et Ux. v. StateCourt of Criminal Appeals of Oklahoma · 1942
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