Legal Opinion

Pierce v. State

Texas Supreme Court

Decided July 1, 1854PublishedCited by 8 opinions

Appeal from. Smith. The venire facias was as follows : “ State of Texas,) To the Sheriff of Smith County, Greet-u County of Smith}) ing: “You are hereby commanded to summon the following “ named persons, to wit: (names them) to be and appear at the Court House in the town of Tyler on the 5th Monday “ after the third Monday in March next, 1852, then and there “ to answer to their names when called as jurors during said “ Court.

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Appeal from. Smith. The venire facias was as follows : “ State of Texas,) To the Sheriff of Smith County, Greet-u County of Smith}) ing: “You are hereby commanded to summon the following “ named persons, to wit: (names them) to be and appear at the Court House in the town of Tyler on the 5th Monday “ after the third Monday in March next, 1852, then and there “ to answer to their names when called as jurors during said “ Court. Herein fail not to make due service and return of “ this venire facias to our said Court, under the penalty of “ the law. “ Test.: A. J. Ellis, Clerk of our said Court.…

1Opinion of the CourtWheeler, J.

Various objections have been taken to the judgment, which would have seemed scarcely deserving of notice, but for the importance which appears to have been attached to them by counsel in argument.

It is objected to the venire facias that it is not in due form and does not contain the proper direction to the officer. We are not informed by the argument, and it is not perceived, what words are omitted, or in what the supposed misdirection or informality consists. The writ appears to conform substantially to the statute. (Hart. Dig. Art. 1647.) But if it be defective in form, that manifestly was…

2Cited by8 opinions

  1. Dyson v. StateMississippi Supreme Court · 1872
  2. Blake v. StateCourt of Appeals of Texas · 1878
  3. Horan v. Chief Justice of Travis CountyTexas Supreme Court · 1863
  4. Stewart v. StateCourt of Appeals of Texas · 1880
  5. O'Brien v. StateCourt of Appeals of Texas · 1881

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