Jackson v. State
Texas Supreme Court
Appeal from Brazoria. The appellant pleaded in abatement, to an indictment preferred against him, that the name of M. B. Browning, the foreman of the grand jury which preferred the indictment, did not appear upon the jury book of the county, nor upon the venire facias / and that Thomas H. Hinds, another of the grand jurors, was not a free-holder in the State, or a house-holder in the county.
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Appeal from Brazoria. The appellant pleaded in abatement, to an indictment preferred against him, that the name of M. B. Browning, the foreman of the grand jury which preferred the indictment, did not appear upon the jury book of the county, nor upon the venire facias / and that Thomas H. Hinds, another of the grand jurors, was not a free-holder in the State, or a house-holder in the county. The Court heard evidence to the effect, that the foreman of the grand jury, whose name appeared in the list of jurors, as W. B. Browning, but whose real name was Mason B. Browning, was also known and…
1Opinion of the CourtWheeler, J.
We entertain no doubt of the propriety of making the amendment, in the entry of the name of the foreman of the grand jury; if, indeed, the record, in this respect, required amendment. At most, there was a mistake only in the initial of the Christian name of the juror; and this, doubtless, was the proper subject of amendment. It is not perceived that the correction of this mistake can, in any way, have operated to the prejudice of the defendant, or that he can have any cause of complaint of the ruling of the Court, in this particular.
The plea in abatement averred the want of the requisite…
2Cited by5 opinions
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