Legal Opinion

Stroud v. State

Court of Criminal Appeals of Texas

Decided November 23, 1921No. 6374PublishedCited by 5 opinions

Appeal from the District Court of McLenna. Tried below before the Honorable Richard I. Munroe. Appeal from a conviction-of rape;-penalty, seven years imprisonment in the penitentiary.

1Opinion of the Court

HAWKINS, Judge.

Conviction was for statutory rape. Punishment seven years in the penitentiary.

It is made to appear that the grand jury which returned the indictment was composed of ten men and two women. In Harper v. State, 90 Texas Crim. Rep., 252, No. 6319, recently decided, such indictment' was held to be void.

The judgment of the trial court is reversed, and the prosecution under the present indictment ordered dismissed.

Reversed and Dismissed.

2Cases cited1 opinion

  1. Harper v. StateCourt of Criminal Appeals of Texas · 1921

3Cited by5 opinions

  1. Glover v. CobbCourt of Appeals of Texas · 1938
  2. Ex parte CravensCourt of Criminal Appeals of Texas · 1949
  3. Riddle v. StateCourt of Criminal Appeals of Texas · 1922
  4. Hill v. StateCourt of Criminal Appeals of Texas · 1943
  5. Tony Mize v. State, Texas Court of Appeals, 3rd District (Austin)1995