Smith v. State
Court of Appeals of Texas
Appeal from the District Court of Walker. Tried below before J. M. Maxcy, Esq., Special J.udge. The conviction in this case was for the theft of a beef, the property of James Spiller, and the penalty assessed was a term of two years in the penitentiary. James Spiller was the first witness for the State. He testified 'that, in January or February, 1883, he missed his certain red-roan four year old cow from her range.
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Appeal from the District Court of Walker. Tried below before J. M. Maxcy, Esq., Special J.udge. The conviction in this case was for the theft of a beef, the property of James Spiller, and the penalty assessed was a term of two years in the penitentiary. James Spiller was the first witness for the State. He testified 'that, in January or February, 1883, he missed his certain red-roan four year old cow from her range. About the same time he received information that the defendant had recently killed a :beef. He then got his neighbor, Mr. Oliphant, and his two sons, Tom and Bailey, and a negro…
1Opinion of the Court
White, Presiding Judge.
This case appears to have been tried below by a special judge. It is well settled that in such cases the record upon appeal must show the reasons for the selection of, and the manner in which he became special judge. (Brinkley v. Hawkins, 48 Texas, 225; McMurray v. The State, 9 Texas Ct. App., 207; Snow v. The State, 11 Texas Ct. App., 99; Perry v. The State, 14 Texas Ct. App., 166; Wilson v. The State, Id., 205, and Harris v. The State, Id., 676.) Three modes are provided by statute for the selection and appointment of special judges: First. When the regular judge…
2Cases cited1 opinion
- Brinkley v. HarkinsTexas Supreme Court · 1877
3Cited by7 opinions
- State v. HolmesWashington Supreme Court · 1895
- Woodland v. StateCourt of Criminal Appeals of Texas · 1945
- Petitte v. StateCourt of Criminal Appeals of Texas · 1929
- Compere v. GirandCourt of Appeals of Texas · 1931
- Leininger v. StateCourt of Appeals of Texas · 1984
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