Harper v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McBennan. Tried below before the Honorable Richard I. Munroe. Appeal from a conviction of burglary; penalty, two years imprisonment in the penitentiary. The opinion states the case. Cited cases in opinion. R. H. Hamilton, Assistant Attorney General, for the State.
1Opinion of the Court
HAWKINS, JudgU.
Appellant was convicted for burglary. Punishment was assessed at two years in the penitentiary.
Only one question is presented for review. It is admitted by the State that the grand jury which returned the indictment against appellant was composed of ten men and two women. Motion to quash the indictment and dismiss the prosecution thereunder was filed on the ground that the indictment was void, not having been returned by a grand jury composed of twelve men, as required by Article 5, Section 13 of the State Constitution, which reads as follows:
“Grand and petit juries in the…
2Cases cited2 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
3Cited by20 opinions
- Cassell v. TexasSupreme Court of the United States · 1950
- State v. . EmerySupreme Court of North Carolina · 1944
- State v. EmerySupreme Court of North Carolina · 1944
- Shelby v. StateCourt of Criminal Appeals of Texas · 1972
- Ex Parte HollandCourt of Criminal Appeals of Texas · 1922
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