Newman v. State
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Silas Hare. E. Newman was indicted for burglary in the Dallas City criminal court. The grand jury impaneled for the term was discharged on the 21st May, 1874. Afterwards, during the same term, a new grand jury was summoned by order of the judge and impaneled, and by it the indictment in this case was found. Appellant moved to quash the indictment because the same was not found by a legally-constituted grand jury.
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Appeal from Dallas. Tried below before the Hon. Silas Hare. E. Newman was indicted for burglary in the Dallas City criminal court. The grand jury impaneled for the term was discharged on the 21st May, 1874. Afterwards, during the same term, a new grand jury was summoned by order of the judge and impaneled, and by it the indictment in this case was found. Appellant moved to quash the indictment because the same was not found by a legally-constituted grand jury. This motion was overruled. Exceptions to the indictment were sustained as to the charge of burglary, but overruled as to the charge of…
1Opinion of the Court
Roberts, Chief Justice.
It has been decided at this term of the court that a District Court, having discharged the grand jury that was regularly organized for the term, may revoke and set aside the order, and reassemble them for the purpose of finding indictments.
We know of no authority, either on principle or practice, for issuing a venire to enable the sheriff to select a new grand jury after that for the term has been discharged. The law provides that the County Court shall select from the jury list the names of twenty good intelligent and practical citizens, to serve as a grand jury at the…
2Cited by9 opinions
- Powell v. StateCourt of Criminal Appeals of Texas · 1924
- Green v. StateSupreme Court of Florida · 1910
- Bird v. StateSupreme Court of Georgia · 1914
- Hayes v. StateMississippi Supreme Court · 1908
- Thomason v. StateCourt of Appeals of Texas · 1877
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