Cock v. State

Citations

• 8 Tex. Ct. App. 659

Syllabus

<p>1. Pendency oe Former Indictment.—Appellant and one S. being jointly iiidicted in P. County for murder, the venue was changed to another county on the application of S. Subsequently', and while the joint indictment was pending and undetermined in such other county, a separate indictment for the same offence was preferred by the grand jury of P. Comity against the appellant alone. At his trial on this last indictment, the appellant pleaded to the jurisdiction of the District Court of P. County, on the ground that the change of venue awarded on the joint indictment had vested exclusive jurisdiction of the offence in the District Court of the county to which the venue had been changed. But held, that it was competent for the grand jury of P. County to prefer the second indictment, and for the District Court of that county to try the appellant thereon, notwithstanding the change of venue and the pendency of the original indictment. See the opinion in extenso.</p> <p>2. Jury Law on Appeal.—Unless the record shows that the court below, after erroneously' overruling a good challenge for cause, forced an objectionable juror on the defendant, the ruling on the challenge is immaterial here.</p> <p>3. Indictment — Fame.—If the name of the deceased was not ascertainable by' the grand jury when they found the indictment, they properly designated him as “ a certain man whose name is to the grand jurors unknown; ” and the fact that his name was ascertained and proved at the trial raised no variance and constituted no defence. Jorasco v. The State, 6 Texas Ct. App. 238, accords with this ruling.</p> <p>4. Disqualification of Judges. — The Constitution provides that no judge “shall sit in any case ” wherein he has been of counsel. This disqualification disables a district judge from sitting at the trial of a case in which he has been counsel, but not from receiving an indictment from a grand jury, nor, it seems, from making orders preliminary to the trial of such a case.</p> <p>5