Legal Opinion

Burries v. State

Court of Criminal Appeals of Texas

Decided April 15, 1896No. 832PublishedCited by 9 opinions

Appeal from the District Court of McLennan. Tried below before Hon. S. R. Scott. This appeal if from a conviction for robbery, in the commission of which a pistol, a deadly firearm, was used and exhibited by the defendant, the punishment being assessed at imprisonment in the penitentiary for a term of nine years.

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Appeal from the District Court of McLennan. Tried below before Hon. S. R. Scott. This appeal if from a conviction for robbery, in the commission of which a pistol, a deadly firearm, was used and exhibited by the defendant, the punishment being assessed at imprisonment in the penitentiary for a term of nine years. When the case was called for trial, defendant objected to being placed upon trial without one days’ service of the list of jurors who were to try the case, and moved the court to postpone the trial until he had been so served. This motion was refused upon the ground that neither the…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of robbery, and his punishment assessed at nine years’ confinement in the State penitenitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. On the trial of the case the appellant was placed upon trial without having one days’ service of the list of jurors that were to try him, he having been in jail from the time of his arrest until the time the case was called for trial; but his request to allow him one days’ service of the venire was refused, and he saved his exception thereto. The court, in explaining the bill…

2Cases cited1 opinion

  1. Ex Parte Epps and McGrawCourt of Criminal Appeals of Texas · 1896

3Cited by9 opinions

  1. Oates v. StateCourt of Criminal Appeals of Texas · 1905
  2. Sims v. StateCourt of Criminal Appeals of Texas · 1912
  3. Marshall v. StateCourt of Criminal Appeals of Texas · 1969
  4. Chicago, R. I. & P. R. Co. v. PadenSupreme Court of Oklahoma · 1917
  5. Palmer v. StateCourt of Criminal Appeals of Texas · 1936

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