Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 364
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364 WALKER V. THE STATE. [Term of
Argument for the appellant.
It was further testified by two witnesses, that, since the murder,
the distance from Butler's residence to the point (Summit)
where Walker was seen after the murder, had been ridden on
horseback, by a man weighing one hundred and sixty-five
pounds, in twenty minutes by the watch, and that the horse on
which the ride was made was not a race-horse, but one that had
been used as a cow-pony.
Walker and Black, though severing on the trial, joined in anl
affidavit for a change of venue, which alleged that there existed
in Galveston county, where the prosecution was pending, so
great a prejudice against them that they could not obtain a fair
and impartial trial. This was supported by the affidavits of
three persons, as required by the statute. The State then filed
the affidavits of forty-nine persons, who swore that they were
satisfied there existed no such prejudice against the defendants
as to prevent their obtaining a fair and impartial trial. The
affidavits for the State, as well as for the defense, were to the
effect that affiants were acquainted with public sentiment on the
subject in Galveston county; but no effoit of a direct character
to attack the credibility of the parties who made the affidavits
for defendants was made, nor did any of them making counteraffidavits
swear positively to the absence of such prejudice as
would prevent a fair trial.
Verdict of " Guilty of murder in the first degree, and pen"
alty affixed as death."
Willie & Cleveland and Arthur W. Andrews, for appellant,
First. That the counter-affidavits did not negative the existence
of great prejudice as a fact.
Second. That the court erred in requiring that the evidence
of an alibi should be convincing to the mind of its truth before
an acquittal could be had, if the State's evidence had made
out the case, citing Dorsey v. The State, 34 Texas, 658; French
V. The State, 12 Indiana, 673; Pilkinton v. The State, 19
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/372/: accessed August 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .