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153 Tex. Crim. 521

Clary v. State

Court of Criminal Appeals of Texas · decided 1949-06-01

Cited by 2 later decisions — most recently January 1951

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1949-06-01

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¶1ON MOTION FOR REHEARING.

KRUEGER, Judge.

¶2The state, by and through its district attorney, has filed a brief motion for a rehearing herein in which it is contended that we erred in two respects in reversing the judgment of conviction.

¶3Its first contention is that we erred in holding that the jurors trying the case had prejudged it; and second, that the juror, Duncan Hensley, had a fixed opinion in his mind as to appellant’s guilt. These questions were thoroughly considered and discussed by all the members of the court and the opinion written by Presiding Judge Hawkins clearly and definitely expresses the unanimous opinion of the court. No reason is advanced by the state in its motion why the court erred. It is merely a general statement by the district attorney.

¶4Being convinced that the case was properly disposed of on the original submission, the motion for rehearing is overruled.

¶5Opinion approved by the court.

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