Bennett v. State

Court of Criminal Appeals of Texas

Bennett v. State

232 S.W. 841, 89 Tex. Crim. 617, 1921 Tex. Crim. App. LEXIS 582

CourtCourt of Criminal Appeals of Texas

DecidedJune 22, 1921

DocketNo. 6303.

StatusPublished

Cited by2 cases

This text of 232 S.W. 841 (Bennett v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. State, 232 S.W. 841, 89 Tex. Crim. 617, 1921 Tex. Crim. App. LEXIS 582 (Tex. 1921).

Pincite

Opinion

MORROW, Presiding Judge.

The appellant was convicted of a misdemeanor in the Criminal District Court of Bowie County, the trial having taken place before a jury of six men, over the protest of appellant.

Appellant having been tried in a District Court, the Constitution required a jury of twelve men. The Legislature was not authorized to provide otherwise.

This matter is discussed in detail, accompanied by citation of authorities, in the case of Rudolph Rochelle v. State, 89 Texas Crim. Rep., 592, 232 S. W. Rep., 838, No. 6327, this day decided, to which we refer.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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