Legal Opinion

McGill v. State

Court of Appeals of Texas

Decided June 2, 1888No. 5632PublishedCited by 8 opinions

Appeal from the District Court of Milam. Tried below before the Hon. John N. Henderson. The appellant was convicted in the first degree, and was awarded the death penalty, for the murder of W. T. Leonard, in Milam county, Texas, on the eighteenth day of June (as charged in the indictment), 1887. James Leonard was the first witness for the State.

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Appeal from the District Court of Milam. Tried below before the Hon. John N. Henderson. The appellant was convicted in the first degree, and was awarded the death penalty, for the murder of W. T. Leonard, in Milam county, Texas, on the eighteenth day of June (as charged in the indictment), 1887. James Leonard was the first witness for the State. He testified that the deceased, who was his son, would have attained the fifteenth year of his age in August, 1887, and was about five feet high, and would weigh about ninety pounds at the time of his death. The witness lived in Brazos county, about…

1Opinion of the Court

Willson, Judge.

1. Ho error was committed with reference to the defendant’s challenge of -the proposed juror Alsup. It appears from the bill of exception that said Alsup was competent to serve as a juror in said cause, and furthermore the defendant did not exhaust his peremptory challenges in the organization of the jury, and said Alsup did not serve upon said jury, but was challenged by the defendant, and the challenge was not counted against him, the court, in effect, allowing said challenge as one for cause.

2. There was no error in admitting the testimony of John Pate, nor in refusing to…

2Cases cited1 opinion

  1. State v. JordanTexas Supreme Court · 1854

3Cited by8 opinions

  1. El Paso Electric Ry. Co. v. TerrazasCourt of Appeals of Texas · 1919
  2. Brown Express Company v. DieckmanCourt of Appeals of Texas · 1961
  3. Fairall v. SutphenCourt of Appeals of Texas · 1956
  4. Brown Express Company v. DieckmanCourt of Appeals of Texas · 1961
  5. Cox v. StateCourt of Criminal Appeals of Texas · 1940

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