Knauf v. State

• Decision Date: 14 December 1927
• Docket Number: (No. 11225.)
• Parties: KNAUF v. STATE.
• Court: Texas Court of Criminal Appeals

1 S.W.2d 619

KNAUF v. STATE.

(No. 11225.)

Court of Criminal Appeals of Texas.

December 14, 1927.

Rehearing Denied January 18, 1928.

Appeal from District Court, Donley County; C. C. Small, Judge.

Raymond Knauf was convicted of selling intoxicating liquor, and he appeals. Affirmed.

R. H. Beville, of Clarendon, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

HAWKINS, J.

Upon a plea of guilty, appellant was convicted of selling intoxicating liquor, and his punishment assessed at one year in the penitentiary.

He made application for suspended sentence, which, being denied, he sought a new trial, and, upon its refusal, now asks this court to review the record.

In his motion for new trial, appellant complains that he was tried by a "picked up" jury. The court explains that only a few of the regular jurors were available, and that the jurors who tried appellant were properly summoned by the sheriff under the direction of the court. Appellant made no objection to the jury until after his conviction. It was then too late. Accused cannot take his chances on a jury reaching a verdict satisfactory to him and later complain if the verdict is displeasing. No error is shown in the court's action in securing the jury.

The indictment charged a joint sale to Claud Reese and Clifford Decker. It is contended that the proof shows a sale to Reese only, and that even upon a plea of guilty the testimony reveals that appellant is not guilty of the particular offense charged. We have examined the evidence heard upon the trial, and in our opinion appellant's contention is not sound. It shows a joint sale to the parties named.

There is no merit in appellant's other bills of exception.

The judgment is affirmed.