Burfey v. State

Citations

• 3 Tex. Ct. App. 519

Syllabus

<p>1. Petit Juey. —Except in the trial of capital cases by special venires, a defendant has no right to demand, nor the District Court any authority to direct, that the clerk shall draw more than twenty-four names from the jury-box to form the petit jury. The statute regulates the matter.</p> <p>2. Same —Peestoiptioit of Restlabtty. —A bill of exceptions taken to the formation of a petit jury in a District Court recited that only ten jurors were obtained from the twenty-four names drawn from the jury-box, and that the court then required the sheriff to summon two other jurors, who, being accepted by the state, and defendant’s challenges being exhausted, completed the panel. Meld, that the presumption must obtain that the two supplementary jurors were either drawn from names remaining in the box before they were summoned, or else that the names in the box had been exhausted and they were summoned as talesmen; and in either case they were legally impaneled.</p> <p>3. Coufessiohs. — A confession made by the accused after he was arrested, but which led to the discovery of the stolen property, was admissible in . evidence against him.</p>