Bawcom v. State
Texas Supreme Court
Appeal from Burnet. Tried below before the Hon. E. B. Turner. Bawcom was indicted for driving and removing cattle from their accustomed range “ without the consent of the owner, and with intent to defraud the owner,” &c. The record recites, that the jury “were duly impaneled and sworn to try the issue joined between the parties upon defendant’s plea of not guilty,” &c.
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Appeal from Burnet. Tried below before the Hon. E. B. Turner. Bawcom was indicted for driving and removing cattle from their accustomed range “ without the consent of the owner, and with intent to defraud the owner,” &c. The record recites, that the jury “were duly impaneled and sworn to try the issue joined between the parties upon defendant’s plea of not guilty,” &c. Upon the trial, J. C. Borrid, for the State, testified that, on the 1st April, 1873, or about that time, he saw defendant, who was gathering a herd of cattle for the purpose of driving to market, and witness told defendant not…
1Opinion of the Court
Moore, Associate Justice.
The record shows that a different oath was administered to the jury from that prescribed by law. This, as has been decided heretofore, is error, for which the judgment must be reversed. (Arthur v. The State, 3 Tex., 405; Martin v. The State, decided during present term.) Where it does not affirmative appear from the record that a different oath from that prescribed has been administered, it will be presumed in favor of the regularity of the proceeding in the District Court, that the jury were properly sworn. But the oath administered in this case is set forth in the…
2Cases cited1 opinion
- Arthur v. StateTexas Supreme Court · 1848
3Cited by9 opinions
- Howard v. StateCourt of Criminal Appeals of Texas · 1917
- Crisp v. StateCourt of Criminal Appeals of Texas · 1920
- Chambliss v. StateCourt of Appeals of Texas · 1877
- Everett v. StateCourt of Appeals of Texas · 1878
- Ewing v. StateCourt of Appeals of Texas · 1876
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