State v. Ezell
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. D. M. Ezell and John Ivey were-"indicted for theft of a steer. On the trial two of the defendants’ witnesses were asked by counsel for the State where they had come from when they came to testify? The objection to the question was overruled, and each answered that he had come from jail.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. D. M. Ezell and John Ivey were-"indicted for theft of a steer. On the trial two of the defendants’ witnesses were asked by counsel for the State where they had come from when they came to testify? The objection to the question was overruled, and each answered that he had come from jail. The court would not permit those witnesses to explain the circumstances of their imprisonment, and to •state whether they were innocent of the charge preferred against them. In the formation of the jury defendants’ counsel insisted on having the…
1Opinion of the Court
Reeves, Associate Justice.
The court did not err in the ruling touching the appellants’ right of challenge to the jury, and the mode observed in forming the jury, as shown by the judge in his explanation accompanying the bill of exception, which is as follows: “ The defendant was required to pass upon a full jury, and to challenge or accept them, and when he had passed upon the jurors in the box and challenged or accepted them, then- the places of those challenged were filled and defendant called upon to pass upon those jurors called to fill the places. In other words, the defendant was not…
2Cases cited2 opinions
- Beauchamp v. StateIndiana Supreme Court · 1842
- Williams v. StateSupreme Court of Georgia · 1847
3Cited by14 opinions
- Carroll v. StateCourt of Criminal Appeals of Texas · 1893
- Henderson v. StateCourt of Criminal Appeals of Texas · 1925
- Lights v. StateCourt of Appeals of Texas · 1886
- MacLin v. StateCourt of Criminal Appeals of Texas · 1912
- Texas Pacific Coal Company v. LawsonCourt of Appeals of Texas · 1895
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