Legal Opinion · Concurrence

Howard v. State

Court of Appeals of Texas

Decided February 12, 1986No. 09-85-138 CRPublished

1ConcurrenceDies, Chief Justice

I concur in the results of the majority opinion with these additional remarks. TEX.CODE CRIM.PROC.ANN. art. 1,9.08 (Vernon Supp.1986) requires the following, in part:

“No person shall be selected or serve as a grand juror who does not possess the following qualifications:
“1. He must be a citizen of the state, and of the county in which he is to serve....”

It is understandable the legislature would require a grand juror to be a resident of the county in which he is to serve. An extreme example (and unlikely) may show why. If four members of a grand jury panel moved from Beaumont to El Paso, the…

2Cases cited2 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Arline v. StateCourt of Appeals of Texas · 1986

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