McAllister v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant moves for rehearing, urging that the opinion relied upon and cited as supporting our holding in the original opinion, viz: King v. State, 100 S. W., 387, was and is wrong in principle. We do not agree with appellant. Appellant also insists that Art. 2133, Revised Civil Statutes, 1925, quoted in our original opinion, has application only to petit jurors and not grand jurors, — and that our Code of Criminal Procedure expressly provides in Art. 339 what shall be the qualifications of grand jurors, and appellant’s conclusion is that conceding the…