Legal Opinion

Lester v. State

Court of Appeals of Texas

Decided July 1, 1877Published

Appeal from the District Court of Milam. Tried below before the Hon. S. Ford. The indictment charged the appellant with the murder of Woods McLellan, on September 16, 1876. The deceased was a negro, and lived in a cabin on the farm of the accused.

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Appeal from the District Court of Milam. Tried below before the Hon. S. Ford. The indictment charged the appellant with the murder of Woods McLellan, on September 16, 1876. The deceased was a negro, and lived in a cabin on the farm of the accused. Two days previous to his death he swore out warrants for the arrest of the accused for unlawfully carrying a pistol, and for an assault upon one R. J. Houston; and on these warrants the accused was taken in custody at Cameron, in Milam county, on September, 16, 1876, but was released on bail. That night he shot and killed the negro at his cabin. S.…

1Opinion of the CourtWhite, J.

At the November term, 1876, of the district court of Milam county, the appellant in this case, who is a white man, was tried for the murder of one Woods McLellan, a negro, charged in the indictment to have been committed by him in Milam county, on September 16, 1876. The trial resulted in his conviction for murder in the first degree, the punishment being assessed at death.

With regard to the jury which tried the case we find two questions presented in the motion for a new trial and bill of exceptions, and which are also assigned as error. The 1st is that, in testing the qualifications of the…

2Cases cited10 opinions

  1. Lyles v. StateTexas Supreme Court · 1874
  2. Woodward v. MurrayNew York Supreme Court · 1820
  3. Caldwell v. StateTexas Supreme Court · 1874
  4. Perry v. StateTexas Supreme Court · 1876
  5. Roseborough v. StateTexas Supreme Court · 1875

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