Wheeler v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

Appellant cites us to the opinion in the case of Bates v. State, 19 Tex. App. 123, in which it was held that where twelve men of the special venire were out at the time of the calling of the case, they being on a jury in another case and the special venire was exhausted prior to obtaining a jury, the trial court should have ordered the twelve jurors in the other case discharged and allowed the accused to have had the privilege of a selection from such twelve jurors rather than to have ordered a special venire of twenty-four men to be summoned…