Legal Opinion

Vanhook v. State

Texas Supreme Court

Decided July 1, 1854PublishedCited by 13 opinions

Appeal from Harrison. To an indictment for gaming, the defendant pleaded in abatement, that the grand jury who found the indictment, we,re not a legally constituted grand jury; for that the jury list from which they were drawn, was made more than one year before the drawing took place ; and that it was not revised within the year next before the drawing; that there was no order of the County Court, appearing upon its minutes, directing the jury list to be made, or ratifying…

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Appeal from Harrison. To an indictment for gaming, the defendant pleaded in abatement, that the grand jury who found the indictment, we,re not a legally constituted grand jury; for that the jury list from which they were drawn, was made more than one year before the drawing took place ; and that it was not revised within the year next before the drawing; that there was no order of the County Court, appearing upon its minutes, directing the jury list to be made, or ratifying -it; that there were certain named persons, qualified jurors at the time of the drawing, whose names had not been…

1Opinion of the CourtWheeler, J.

It might suffice to dispose of this case, that the falsity of the plea may have been apparent to the Court from the entries and records brought before it by the exceptions. The Court might well decline to hear evidence in support of, and overrule a plea, which appeared by the record, to be untrue. Exceptions to a plea, the truth or falsity of which is apparent by the record, cannot have such effect, as admissions, as to falsify the record ; or to require the Court to hear evidence in contradiction thereof. That the jury list had been revised as the law directs, and that the names of the…

2Cases cited5 opinions

  1. State v. BrooksSupreme Court of Alabama · 1846
  2. State v. ClarksonSupreme Court of Alabama · 1842
  3. State v. ConnerIndiana Supreme Court · 1840
  4. Bellair v. StateIndiana Supreme Court · 1841
  5. Jones v. StateIndiana Supreme Court · 1832

3Cited by13 opinions

  1. Crowley v. United StatesSupreme Court of the United States · 1904
  2. Dolan v. . PeopleNew York Court of Appeals · 1876
  3. State v. RectorSupreme Court of South Carolina · 1930
  4. Byrne v. StateWisconsin Supreme Court · 1860
  5. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1888

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