Kelly v. State

Citations

• 13 Tex. Ct. App. 158
• 1882 Tex. Crim. App. LEXIS 198

Syllabus

<p>1. Practice—Jury Law.—A conviction cannot stand when the transcript fails to show that the jurors who tried the case were sworn.</p> <p>2. Practice—Extradition—Plea to Jurisdiction.—In the trial of a case where the defendant was extradited from the Republic of Mexico for an offense covered by the treaty between that government and the United States, and the proceedings upon which the requisition was obtained did not appear to have been fraudulent or wrongful, and the defendant was placed upon trial on an indictment charging the offense for which he was extradited, a plea to the jurisdiction of the trial court was properly overruled.</p> <p>3. Same.—This case is distinguished from Blandford v. The State, 10 Texas Court of Appeals, 627.</p>