MR. JUSTICE GRAY delivered the opinion of the court.
At November term, 1897, of the criminal district court, held at the city of Galveston for the county of Galveston and State of Texas, the grand jury, on November 26, 1897, returned an indictment against Seth Carter for the murder on November 24, 1897, of Bertha Brantley, both being of the negro race.
The record states that at March term, 1898, when the case was called for trial, the defendant, in open court...
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