Bowen v. State

Citations

• 3 Tex. Ct. App. 617

Syllabus

<p>1. Special Ventre.—At bis trial for murder, the accused moved to quash the special venire, on account of discrepancies between the names of three of the persons drawn thereon, and the names as written in the copy served on him of the list of those summoned under the venire. Held, that the motion was properly overruled, there being nothing to indicate that the accused was misled or anywise prejudiced by the discrepancies, and it appearing that none of the three were on the trial jury, and that the accused did not exhaust his challenges.</p> <p>2. Same. — It is not necessary that the venire or the copy of the list served on the accused shall designate the offense of which he is charged.</p> <p>3. Continuance.—An application for a continuance to obtain the testimony of a witness residing out of the state should show that proper effort had been made to take his deposition, as authorized by the Code.</p> <p>4. Same—Evidence. — That a third person had voluntarily acknowledged that he committed the crime for which the accused was on trial was not competent evidence for the accused to elicit from persons who heard the acknowledgment made; and, therefore, a continuance to obtain such evidence was properly refused.</p> <p>6. Diligence. —Process for witnesses must he sued out in a reasonable time, and the application for a continuance to procure their testimony must show to whom and when the process was delivered. Nothing is presumed in aid of an application for a continuance.</p> <p>6. Privilege oe Counsel. — A defendant’s counsel is entitled to a reasonable time to present his client’s case to the jury, and an arbitrary disregard of this right would be error. But, in regulating the proceedings in his court, the presiding judge is clothed with a large discretion, the exercise of which will not he revised unless it was abused to the prejudice of the accused.</p> <p>7. New Trial. — When misconduct is imputed to a juror to impeach the verdict, his affidavit is admissible to r