Jaramillo v. State, 23698.
| Decision Date | 18 June 1947 |
| Docket Number | No. 23698.,23698. |
| Citation | 204 S.W.2d 622 |
| Parties | JARAMILLO v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Dallam County; John Aldridge and Harry Schultz, Judges.
Casimiro Jaramillo was convicted of assault to murder without malice, and he appeals.
Reversed and remanded.
No appearance for appellant.
Ernest S. Goens, State's Atty., of Austin, for the State.
Appellant was convicted of an assault to murder without malice and assessed a penalty of three years in the penitentiary, and he appeals.
Appellant complains because of the fact, as he alleges, that the indictment herein was found by an illegal grand jury in that one Floyd McNeill, a member thereof, was not drawn by the jury commissioners appointed for such purpose by the district judge. This bill is qualified by the court and such qualification shows that only eleven prospective grand jurors appeared at the time of the empaneling of the grand jury; that thereupon the trial court directed the sheriff to summon others out of whom he selected Floyd McNeill, who qualified and served thereafter as a grand juror and was present when this indictment herein was returned by them. This procedure was authorized by Art. 349, C.C.P., and we see no error reflected in such proceedings.
On December 7, 1946, the then District Attorney of this district filed a motion herein in the District Court of Haskell County, alleging that the original indictment in this cause had been lost and requested the court to enter its order granting him leave to substitute for such lost indictment a substantial copy thereof. Upon a hearing of such motion the trial court made and entered its order granting the motion of the State and substituting the copy of such indictment for the lost original. There is an exception in the record relative to the trial court's purported refusal to have appellant served with a certified copy of the substituted indictment before entering his plea thereto. It is shown by the qualification to the bill that a copy of the original indictment was served on appellant on April 6, 1946; that a copy of the substituted indictment, together with the State's motion to substitute, was theretofore, on December 9, 1946, served upon appellant's attorney, the defendant being at liberty on bond at the time. This trial took place on January 27, 1947. We think such to have been a sufficient showing of a service of the substituted copy of the indictment, it also being shown to have been a carbon copy of the original.
This offense was alleged to have been committed on January 12, 1946. The record shows that appellant was indicted on April 6, 1946, and soon thereafter served with a copy of the original indictment; that this cause was called for trial on some date in November, 1946, at which time the indictment appeared...
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Singleton v. State
...and four new ones impaneled, which would seem to leave the panel at the number of twelve, as provided by law.' In Jaramillo v. State, 1947, 151 Tex.Cr.R. 34, 204 S.W.2d 622, Floyd McNeill was not drawn by the jury commissioners but was summoned by the sheriff to take the place of a missing ......
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Sandoval v. State, 27721
...296 S.W. 547; Ex parte Harris, 118 Tex.Cr.R. 154, 39 S.W.2d 883; Sulak v. State, 118 Tex.Cr.R. 112, 40 S.W.2d 157; Jaramillo v. State, 151 Tex.Cr.R. 34, 204 S.W.2d 622. Appellant contends that the court erred in admitting in evidence his written confession to which he objected on the ground......
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Gavia v. State, 45325
...to meet the test of Curry v. State, supra, and to require the submission of the requested charge. See and compare Jaramillo v. State, 151 Tex.Cr.R. 34, 204 S.W.2d 622 (1947); Prater v. State, 142 Tex.Cr.R. 626, 155 S.W.2d 934 (1941) and Martinez v. State, 142 Tex.Cr.R. 143, 151 S.W.2d 817 T......
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Jaramillo v. State, 24214.
...being three years in the penitentiary. This is the second appeal. The opinions on the first appeal will be found reported in Tex.Cr.App., 204 S.W.2d 622. From certain motions found in the transcript it appears that appellant was attempting to raise some question about the legality of the gr......