Sutton v. State

Citations

• 41 Tex. 513

Syllabus

<p>1. Felony—Judgment convicting of, reversed for errors not assigned.—This court, in cases of felony, if satisfied that the accused has not been convicted according to law, will reverse the judgment, though the error is not assigned, when the error is of snch a character that it cannot be considered as waived by the defendant or cured by judgment.</p> <p>2. Oath to jury.—The omission to administer to the jury the oath prescribed by law in a criminal case is a fatal defect, for which a judgment of conviction must be reversed.</p>