Legal Opinion

Joyce v. State

Court of Criminal Appeals of Texas

Decided November 16, 1921No. 6333PublishedCited by 15 opinions

Appeal from the District Court of Bell. Tried below before the Honorable M. B. Blair. Appeal from a conviction of manslaughter; penalty, five years imprisonment in the penitentiary. The opinion states the case.

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Appeal from the District Court of Bell. Tried below before the Honorable M. B. Blair. Appeal from a conviction of manslaughter; penalty, five years imprisonment in the penitentiary. The opinion states the case. On question of circumstantial evidence: Jones v. State, 30 S. W. Rep., 1059; Bur-nam v. State, 135 id., 1175; Pizara v. State, 193 id., 671. On question of theory of defense: Carr v. State, 190 S. W. Rep., 727; Hoyt v. State, 228 id., 936; McPeak v. State, 187 id., 754. On question of provoking difficulty: Burkhardt v. State, 202 S. W. Rep., 513; Dugan v. State, 216 id., 161; Carter v.…

1Opinion of the Court

HAWKINS, Judge.

This is an appeal from a conviction for manslaughter, with a five year sentence.

The first bill of exceptions raises a question as to irregularities in drawing the venire. • As this cannot arise on a subsequent trial it will not be discussed.

A request was riiade 'that the jurors as selected be retired from the courtroom, and not be permitted to hear the. examination of other veniremen. This was refused. We have had occasion to commend the practice of having selected jurors retired as being in the interest of a fair trial. See Streight v. State, 62 Texas Crim. Rep., 453, 138 S.…

2Cases cited6 opinions

  1. Streight v. StateCourt of Criminal Appeals of Texas · 1911
  2. Crow v. StateCourt of Criminal Appeals of Texas · 1921
  3. Early v. StateCourt of Criminal Appeals of Texas · 1906
  4. Anderson v. StateCourt of Criminal Appeals of Texas · 1919
  5. Pizana v. StateCourt of Criminal Appeals of Texas · 1917

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3Cited by15 opinions

  1. Ellsworth v. StateCourt of Criminal Appeals of Texas · 1922
  2. Arlington v. StateCourt of Criminal Appeals of Texas · 1924
  3. Marinkovich v. StateCourt of Criminal Appeals of Texas · 1923
  4. Henderson v. StateCourt of Criminal Appeals of Texas · 1932
  5. Lewellen v. StateCourt of Criminal Appeals of Texas · 1922

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