Bullard v. State

We need notice but one of the errors assigned for reversing this case.

The appellant was indicted for horse stealing in the District Court of Ellis county, and tried before a jury of thirteen men, convicted, and adjudged to suffer imprisonment in the penitentiary for the term of ten years. This is certainly" a very novel irregularity in a Texas court. Article 8007, Paschal’s Digest, declares “that the only mode of trial upon issues of fact in the Disirict Court is by a jury of twelve men, except in certain cases otherwise provided for.”

Similar cases have seldom occurred, but when they have…