Lott v. State
Court of Appeals of Texas
Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. This appeal is prosecuted from the appellant’s second conviction under an indictment which charged him with the burglary of the store-house of IT.
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Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. This appeal is prosecuted from the appellant’s second conviction under an indictment which charged him with the burglary of the store-house of IT. F. Boyd, in Johnson county, Texas, on the 3d day of October, 1884. It was had upon substantially the same evidence as that which was adduced upon the former trial, and which is set out at length in the report of that case, beginning on page 598 of volume 17 of these Reports. The penalty assessed against the appellant was a term of two years in the penitentiary. The…
1Opinion of the Court
Willsoit, Judge.
I. After conviction defendant made a motion in arrest of judgment, the ground of the motion being that the grand jury which found and presented the indictment was composed of thirteen instead of twelve persons. It is clearly shown by the record, and is not disputed, that the ground of the motion is true; that in fact the grand jury was composed of thirteen members. The motion was overruled, and this action of the court is insisted upon by defendant as error.
In an explanation appended to defendant’s bill of exceptions taken to the action of the court overruling the motion in…
2Cases cited4 opinions
- Hill v. PeopleMichigan Supreme Court · 1868
- Brown v. StateIndiana Supreme Court · 1861
- Wade v. De WittTexas Supreme Court · 1857
- Eastman v. StateIndiana Supreme Court · 1876