Deon v. State
| Decision Date | 14 April 1897 |
| Parties | DEON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Orange county; Stephen P. West, Judge.
Preon Deon was convicted of murder in the first degree, and appeals. Affirmed.
Mann Trice, for the State.
Appellant was convicted of murder in the first degree, and his punishment assessed at death; hence this appeal.
There are 12 bills of exceptions in the record, all relating to the competency of jurors. These several bills of exceptions, as explained by the court, show no error. It is shown that some seven or eight jurors stated they had formed opinions, all from hearsay. Some of them stated they had a prejudice against wife murderers. Some of them stated originally, in answer to questions by appellant's counsel, that defendant would have to prove that he was innocent before they would acquit him. But these, on further examination, stated that they did not understand the question, and did not intend to answer it that way; that they had an impression, formed from hearsay, that appellant was guilty, but that they could try appellant fairly and impartially, according to the testimony, and give him the full benefit of any reasonable doubt. Challenges to these jurors for cause were overruled, and appellant then challenged them peremptorily, and they are not shown to have sat in the case. We do not believe the court erred in holding that these jurors were qualified. See Suit v. State, 30 Tex. App. 319, 17 S. W. 458; Trotter v. State (Tex. Cr. App.) 36 S. W. 278.
Defendant excepted to the action of the court in authorizing the sheriff to summon talesman before the special venire was exhausted. The bill, as explained by the court, shows that the special venire was exhausted late one evening, and no attachment was requested for certain jurors on the special venire who did not answer to their names when called, being absent. The court asked counsel at the time whether they wanted an attachment for said absent jurors, and counsel then stated that all but one (William West) was excused, and asked for no attachment for him. When the talesmen were brought in the next morning, counsel for the first time asked for an attachment for West. On inquiry by the court it was then ascertained that West lived some 10 miles from the courthouse, and had a very sick child. The attachment was ordered, but the cause was not delayed on that account, but the court proceeded to fill out the jury by selection from the talesmen. In this there was no error.
Nor was there any error in the action of the court in refusing to call...
To continue reading
Request your trial
-
Rose v. State
...to refuse to delay the trial until the return of the attachment, nor in proceeding forthwith to fill up the jury from talesmen. Deon v. State, 37 Tex. Cr. R. 506 ; Mitchell v. State, 36 Tex. Cr. R. 278 [33 S. W. 367, 36 S. W. 456]; Sinclair v. State, 35 Tex. Cr. R. 130 ; Jones v. State, 31 ......
-
Gibson v. State
...county, to make the number required by the special venire." See Weathersby v. State, 29 Tex. App. 278, 15 S. W. 823; and Deon v. State, 37 Tex. Cr. R. 506, 40 S. W. 266. We cannot believe therefore that there was any error in this action and ruling of the 6. The charge of the court was not ......
-
Maddox v. State
...presents no abuse of the discretion confided in trial courts. Adams v. State, 35 Tex. Cr. R. 285, 33 S. W. 354; Deon v. State, 37 Tex. Cr. R. 506, 40 S. W. 266; Keaton v. State, 40 Tex. Cr. R. 145, 49 S. W. 90; Hamlin v. State, 39 Tex. Cr. R. 579, 47 S. W. 656; Phillips v. State, 73 Tex. Cr......
-
Greer v. State
...that defendant was in any way injured by this ruling of the court. He did not even exhaust his peremptory challenges. Deon v. State, 37 Tex. Cr. R. 506, 40 S. W. 266; Mitchell v. State, 36 Tex. Cr. R. 278, 33 S. W. 367; Stewart v. State, 36 Tex. Cr. R. 130, 35 S. W. 985; Jones v. State, 31 ......