Trevinio v. State
Court of Appeals of Texas
Appeal from the District Court of DeWitt. Tried below before the Hon. H. C. Pleasants. The conviction in this case was for an assault with intent to murder Lorenzo Hernandez, in DeWitt county, Texas, on the eighteenth day of January, 1889. The penalty assessed against the appellant was a term of three years in the penitentiary. Lorenzo Hernandez was the first witness for the State.
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Appeal from the District Court of DeWitt. Tried below before the Hon. H. C. Pleasants. The conviction in this case was for an assault with intent to murder Lorenzo Hernandez, in DeWitt county, Texas, on the eighteenth day of January, 1889. The penalty assessed against the appellant was a term of three years in the penitentiary. Lorenzo Hernandez was the first witness for the State. He testified that on the day alleged in the indictment, while he, Tulerio Trendez and Bias Martinez were standing at the corner of Keller’s store in Cuero, BeWitt county, they were joined by the defendant, who…
1Opinion of the Court
White, Presiding Judge.
A motion was made by defendant to set aside the indictment because a person not authorized by law was present when the grand jury were deliberating and voting upon the accusation against the defendant. This motion presented one of the two statutory grounds for which alone under our practice an indictment can be set aside. (Code Crim. Proc., art. 523; Willson’s Crim. Stats., sec. 2119.) The facts, as shown by defendant’s bill of exceptions, upon which this motion was predicated, are substantially as follows:
The grand jury for the term was duly organized on the third day…
2Cases cited2 opinions
- People v. ScottMichigan Supreme Court · 1859
- Yanez v. StateTexas Supreme Court · 1858
3Cited by7 opinions
- Stern v. State Ex Rel. AnselCourt of Appeals of Texas · 1994
- Singleton v. StateCourt of Criminal Appeals of Texas · 1961
- In Re 5 Byrd Enterprises, Inc., Texas Court of Appeals, 9th District (Beaumont)1998
- Millikin v. StateCourt of Criminal Appeals of Texas · 1927
- Ex Parte HarrisCourt of Criminal Appeals of Texas · 1931
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