Legal Opinion

Wyatt v. State

Court of Criminal Appeals of Texas

Decided November 3, 1897No. 1675PublishedCited by 5 opinions

Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for robbery; penalty assessed at five years imprisonment in the penitentiary. This is a companion case to Coulter v. State, 37 Texas Criminal Reports, 284, where a general statement of the leading features of the case may he had.

1Opinion of the Court

HEHDERSOH, Judge.

Appellant was convicted of robbery, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.

Appellant, by his first bill of exceptions, insisted that he should not have been tried by a jury which was not the regular jury, but was ordered summoned by the court for the purpose of trying the case against appellant. The record shows that prior to the trial of this case the regular jury for the week had been discharged, and when this case was 'called'there was no regular jury'in attendance on the court. The court accordingly…

2Cited by5 opinions

  1. McGary v. StateCourt of Criminal Appeals of Texas · 1988
  2. Staley v. State, Texas Court of Appeals, 12th District (Tyler)1994
  3. Kearse v. StateCourt of Criminal Appeals of Texas · 1912
  4. Claxton v. StateCourt of Criminal Appeals of Texas · 1923
  5. Bolden v. StateCourt of Criminal Appeals of Texas · 1915

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