Woods v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before the Hon. John C. Townes. The appellant was convicted of the theft of a horse under an indictment, the charging part of which reads as follows: * on or about March 20, 1886, in said county and State, did then and there unlawfully and fraudulently take, steal and' carry away a certain horse, the same being the corporal personal property of James E. Robertson, but the same being then and there an estray, and…
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Appeal from the District Court of Williamson. Tried below before the Hon. John C. Townes. The appellant was convicted of the theft of a horse under an indictment, the charging part of which reads as follows: * on or about March 20, 1886, in said county and State, did then and there unlawfully and fraudulently take, steal and' carry away a certain horse, the same being the corporal personal property of James E. Robertson, but the same being then and there an estray, and having, theretofore, been taken up and advertised as an estray by A. H. Ash, a county commissioner of Williamson county,…
1Opinion of the Court
White, Presiding Judge.
Appellant interposed a plea in abatement of the indictment upon the alleged disqualification and incompetency of one of the grand jurors who presented the bill, the ground of disqualification and incompetency of said juror being that he had, before sitting on said jury, been convicted of a felony (Code Crim. Proc., art. 358, sub-div. 5), and had not been restored to competency by pardon or otherwise.
Our statute provides that “ any person, before the grand jury have been impaneled, may challenge the array of jurors, or any person presented as a grand juror, and in no…
2Cases cited2 opinions
- Hudson v. StateTexas Supreme Court · 1874
- State v. VahlTexas Supreme Court · 1858
3Cited by8 opinions
- Pate v. StateCourt of Criminal Appeals of Texas · 1922
- Howard v. State, Texas Court of Appeals, 9th District (Beaumont)1986
- Howard v. StateCourt of Appeals of Texas · 1986
- Joseph v. Travis CountyTexas Commission of Appeals · 1929
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1995
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