Dobbs v. State

• Decision Date: 26 June 1907
• Citation: 103 S.W. 918
• Parties: DOBBS v. STATE.
• Court: Texas Court of Criminal Appeals

103 S.W. 918

DOBBS v. STATE.

Court of Criminal Appeals of Texas.

June 26, 1907.

Appeal from District Court, Camp County; P. A. Turner, Judge.

M. B. Dobbs was convicted of murder in the first degree, and he appeals. Reversed and remanded.

Sam D. Snodgrass, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

BROOKS, J.

Appellant was convicted of murder in the first degree, and his punishment assessed at confinement in the penitentiary for life. This is a companion case to that of Milton Dobbs v. State (Tex. Cr. App.) 100 S. W. 946.

The first ground of the motion for a new trial complains that the court erred in refusing to grant the application for change of venue. D. H. Carpenter, sheriff of Camp county, testified that Camp county is a very small county, being only about 12 miles wide and 30 miles long; that there are about 1,250 qualified voters in Camp county, 250 of whom are negroes; that Pittsburg, the only town of any consequence in the county, is located about the center, and that Leesburg, precinct No. 2, where the killing occurred, had more inhabitants than any other precinct in the county, except Pittsburg precinct; that defendant had been confined in jail ever since the killing occurred, and that Milton Dobbs, defendant's son, had been confined with him in jail, charged as a principal in this killing; that Milton Dobbs' Case was tried at the May term, 1906, and he was given 35 years in the penitentiary; that witness had heard as many as 10 or 15 individuals express their opinions about defendant's case; that they all thought him guilty; that he had never heard a single expression in his favor; that Milton Dobbs' trial attracted special attention, the courthouse being packed with people all during the trial; that witness had never heard any expression favorable to defendant; that when the county attorney closed his speech in the Milton Dobbs' Case there was some applause; that he knew that the crowd that attended Milton Dobbs' trial was very much against the defendant. L. C. Ball testified that he lives six miles southwest from the scene of the killing; that witness had lived in the county about 15 years; that he was acquainted with the people of his precinct generally, and knows the sentiment of his neighborhood; they are strong against the defendant; that he heard some people say he ought to be hung; that he never heard an expression in defendant's favor; that the people have no sympathy at all for the defendant, but some little for Milton, his son; that he talked to 12 or 15 jurors and heard 10 or a dozen others talk in his presence; that he heard altogether 25 or 30 persons, all being qualified jurors; that every expression he heard was against appellant, and from these expressions he knew the sentiment to be very strong against the defendant. On cross-examination this witness was asked by the state: "Now, Mr. Ball, do you mean to tell the court that your neighbors are so prejudiced against Mr. Dobbs that they could not give him a fair trial? A. Yes, sir; I believe it is just that way from what I have heard them say." W. T. Payne testified that he lived 15 miles southeast of Pittsburg, in precinct No. 4, right in the southeast corner of the county, and about 20 miles from the scene of the killing, and that everybody in his precinct says appellant is guilty of murder in the first degree. "My opinion is against the defendant, and everybody in my neighborhood is the same way." C. G. Engledow, justice of the peace of precinct No. 1 of Camp county, testified that he had lived in Pittsburg 8 years. "I am fairly well acquainted with the people throughout the body of Camp county. I heard of this killing the next morning after it occurred. Milton Dobbs' trial attracted unusual attention, and a great many people attended the trial. The courthouse was full all the time. I know people attach more blame to the defendant on trial than they do to his son. The people whom I have heard talk were very bitter against him, some saying he ought to be hung. Don't think I have heard any expression in his favor. The people I have heard talk did not live in any particular part of the county. I know the sentiment in Camp county is very much against the defendant. They are against him because they believe him guilty of murder." Henry King testified he lived in precinct No. 3, about 8 miles from the scene of the killing. People of his community express themselves as believing that this defendant was guilty of murder and ought to be punished. "I have never heard an expression in his favor." T. J. Swafford testified he lived in Upshur county near Camp county line. "I ran a mill in Camp county 6 months this year. I am well acquainted with the people of Camp county, helped them organize the county, and Pittsburg has been my trading point for 35 years. I came in contact with a great many people of Camp county while I ran the mill last summer. I know the sentiment of the people of Camp county with reference to the defendant's (M. B. Dobbs') case. Heard it very often repeated that it is the blackest crime that ever darkened the pages of Camp county. Everybody I met talked about the case that way. I have heard expressions similar to this ever since the killing occurred. The sentiment is more bitter against Mr. Dobbs than I ever saw against any man in my life." On cross-examination the district attorney asked the witness the following question: "Do you mean to tell the court that the men...