Taylor v. State

Citations

• 14 Tex. Ct. App. 340
• 1883 Tex. Crim. App. LEXIS 184

Syllabus

<p>1. Practice—Continuance—Transcript.—Where the ruling of the court refusing a continuance is relied upon as error, the application for the continuance should appear in the record on appeal, accompanied by or included in a proper bill of exceptions. Otherwise this court cannot determine the merits of such application.</p> <p>2. Special Venire—Organization op the Jury in a Capital Case.— Article 605 of the Code of Criminal Procedure provides that, in capital cases, a special venire shall issue for not less than thirty-six nor more than sixty persons, to serve as jurors; and Article 614 of the same Code provides that the officer executing this writ shall, in his return, state the names of those summoned, and the diligence used to execute the writ upon those not summoned, and the cause of failure to summon them. Upon this return it is made by Article 616 the duty of the clerk to make a certified copy of the list of persons summoned under the writ, and issue a writ commanding the sheriff to deliver such certified copy to the defendant. Article 612 of the same Code provides that, “When from any cause there is a failure to select a jury from those who have been summoned upon the special venire, the court shall order the sheriff to summon any number of persons that it may deem advisable for the formation of the jury.” Held, that under these provisions of the Code, it is no valid objection to proceeding with the trial in a capital case, that a less number than thirty-six of the persons named in the special venire have been summoned.</p> <p>8. Murder—Evidence.—As tending to establish the motive of the accused in perpetrating the homicide, it was proper to admit in evidence, on behalf of the State, an indictment which was pending against the accused for an assault with intent to murder the deceased.</p> <p>é. Same—Practice.—Verdict in a murder case found the accused guilty of murder in the first degree, and assessed his punishment at ninety-nine years in the penitentiary. He