Curiel v. State

Decided January 9, 1886

Court of Appeals of Texas · decided 1886-01-09

Tried below before the Hon. J. C. Russell. The conviction in this case was for an assault with intent to murder, one Vidal Flores, in Starr county, Texas, on the 11th day of January, 1885. The penalty imposed was a term of two years in the penitentiary.

Decided 1886-01-09

Willson, Judge.

¶1It not appearing from the record that the jurors who tried the case were sworn as such, the conviction cannot be permitted to stand. (Dresch v. The State, 14 Texas Ct. App., 175; McHenry v. The State, id., 209; Howard v. The State, 13 Texas Ct. App., 612, and numerous cases therein cited.)

¶2The judgment is therefore reversed and the cause remanded.

¶3Reversed and remanded.