Bean v. State

Citations

• 17 Tex. Ct. App. 60
• 1884 Tex. Crim. App. LEXIS 173

Syllabus

<p>1. Murder—Indictment.— It is not essential to the validity of an indictment for murder that it should allege that the killing was “ unlawfully done; ” nor that the defendant was “a person of sound memory and discretion;” nor that the deceased was “a reasonable creature in being.” See the statement of the case for an indictment held sufficient to charge the offense of murder.</p> <p>2. Same — Practice — Confessions.— Under the law of this State, the confession of an accused is admissible in evidence against him, when, in connection with his confession, he makes a statement of facts and circumstances found to be true, and which conduce to establish his guilt. By means of the statement of the accused in this case, the gun with which the murder was committed was found at the place where he said he had secreted it. Held, that the confession of the accused was properly admitted in evidence in behalf of the State.</p> <p>3. Same—Jury Law.— In polling the jury after verdict, the defendant is entitled to no more than a categorical answer from each juror to the question: “ Is that your verdict ? ” In this case the accused was charged as a principal. The verdict, affirmed by each juror on being polled, found him “ guilty of murder in the first degree as charged in the indictment.” The defense proposed to ask each juror if he intended to find the accused guilty as a principal or as an accomplice. Held, that the court properly refused to permit such examination of the jurors. See the opinion in extenso on the question.</p> <p>4. Same — Challenge to the Array.— Article 624 of the Code of Criminal Procedure enumerates the only grounds upon which a challenge to the array of jurors can be predicated. Moreover, it appears in this case that the defense refused to accept the proposition of the district attorney to excuse the jurors summoned by the objectionable officer, and that he did not exhaust his peremptory challenges in the formation of the jury. Held, that, for such additiona