Davis v. State
Court of Appeals of Texas
Appeal from, the District Court of Lamar. Tried below before the Hon. R. R. Gaines. The indictment charged the defendant with an assault with intent to murder, upon the person of Orange Gray. His trial resulted in a verdict of guilty, and his punishment was assessed at three years’ confinement in the State penitentiary.
1Opinion of the CourtWhite, P. J.
In the absence of anything going to show the contrary, it will be presumed that the fourteen names drawn by the clerk from the jury-box were all that there were remaining in the box, and consequently that he could not furnish a maximum list of jurors (twenty-four) as prescribed for felony cases less than capital. Code Cr. Proc., art. 646. The statute provides that when there is a less number than the maximum in the box, the clerk shall draw the names that are in the box, and write them upon two slips of paper, and deliver one to the attorney for the State and the other to the defendant or his…
2Cases cited1 opinion
- Bullard v. StateTexas Supreme Court · 1873