Everett v. State

Citations

• 4 Tex. Ct. App. 159

Syllabus

<p>1. Minutes of Court. —The record of every criminal case should show the issue joined between the State and the accused. If the accused, when called on to plead, stands mute, the plea of not guilty must be entered for him upon the minutes of the court.</p> <p>2. Oath to the Jury.—The judgment entry recites that the jury were “sworn according to law to try the issue joined between the parties.” Held, that this recital shows that a different oath than that prescribed by law was administered to the jury.</p> <p>3. Clerks are admonished either to recite the jury oath correctly, or else to merely state that the jury were “duly sworn,” or “sworn according to law.” The latter plan is commended to them as the better one.</p>