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159 Tex. Crim. 360

264 S.W.2d 126

De Vault v. State

Court of Criminal Appeals of Texas

Decided December 2, 1953

Court of Criminal Appeals of Texas · decided 1953-12-02

Good law ✅— No negative treatment on recordhow we know

Decided 1953-12-02

How this case has been cited

Cited by 9 later decisions — most recently February 1987

9 state decisions

401953196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

¶2Appellant has filed a motion for rehearing herein and therein disagrees with our original opinion in two particulars: First, he again reiterates the proposition that the trial court should have charged the jury on the terms of Article 1223 of the Penal *364Code, which he refused to do; and in the second proposition he contends that the statute relative to the drawing of jury venires from the wheel as is provided for Harris County has not been complied with.

¶3Both of these propositions were discussed in our original opinion and we have no desire to recede from our ruling therein.

¶4We see no reason why we should write further on this matter but merely reiterate what we have heretofore said herein.

¶5We remain of the opinion that the matter has been properly disposed of, and the motion for rehearing is therefore overruled.

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