James Marvin Thomas, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the trial court's judgment, holding that the trial judge was correct in refusing a jury instruction on criminally negligent homicide, that the dying declaration was properly admitted, that alleged juror misconduct did not warrant a new trial, and that venue was properly proved after the change of venue order. The dissenting judges argued that the jury should have been instructed on the lesser included offense.