The Texas Criminal Reports Volume 53

The Texas Criminal Reports Volume 53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... question was fully considered in the case of Willis Macklin v. State, decided at the recent Dallas Term, where we reached the same conclusion and made the same holding. 5. Again, it is insisted that there was error in the action of the court in refusing to sustain appellant's challenge to the talesmen summoned by the sheriff when all the names of the special venire had been exhausted, counsel for appellant contending that the Act of the Twentyl'inth Legislature repeals the law that had previously existed author izing the sheriff to summon talesmen, and that a jury could only be obtained through the act of a jury commission, and any act of the court ordering the sheriff to summon talesmen was not only illegal but void. By an inspection of this act (see page 17, Acts Twenty-Ninth Legislature) it will be seen that title 8, chapter 2, of the Code of Criminal Procedure, was amended by adding article 647. This amendment was intended to provide and did provide that no juryman drawn by the jury commission should be required to serve or be drawn on but one venire in a capital case, but this act does not either expressly or by implication repeal article 648, which provides that, "Where there shall not be a sufficient number of those selected to make the number required for the special venire, the court shall order the sheriff to summon a sufiicient number of good and intelligent citizens, who are qualified jurors in the county, to make the number required by the special venire." See Weathersby v. State, 29 Texas Crim. App., 278, and Deon v. State, 37 Texas Crim. Rep., 506. We cannot believe, therefore, that there was any error in this action and ruling of the court. 6. The charge of the court was not excepted to either at the...
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Product details

  • Paperback | 368 pages
  • 189 x 246 x 19mm | 658g
  • United States
  • English
  • black & white illustrations
  • 1236826191
  • 9781236826190