Court of Civil Appeals of Texas, 1883

McHenry v. State

McHenry v. State
Court of Civil Appeals of Texas · Decided May 12, 1883 · White
14 Tex. Ct. App. 209; 1883 Tex. Crim. App. LEXIS 158

McHenry v. State

Opinion of the Court

White, Presiding Judge.

Howhere in this record is it shown that the jury which tried the case was sworn, and nowhere in the record is it made to appear that there was any plea of or for the defendant upon which the case was tried. It is needless to cite authorities—the books everywhere are full of them—to the effect that these facts must appear or the conviction cannot stand.

The judgment is reversed and the cause remanded.

Reversed and remanded.

Opinion delivered May 12, 1883.

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