Townsley v. State

On the TTth day of October, 1924, appellant shot with a pistol and killed O. W. (Charley) Fields. A conviction for murder resulted, punishment being assessed at life imprisonment in the penitentiary.

Appellant urged that the venire be quashed, claiming it was not drawn in “open court” as required by article 592, C. C. P. (1925 Revision), art. 660a, Vernon’s 1922, Supp. The article in question provides that “the clerk, in the presence of the judge, in open court, shall draw” the venire. In the present instance the court was not adjourned, recessed or in vacation, but when the venire was to be…