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8 Tex. Ct. App. 45

Samschen v. State

Court of Appeals of Texas

Decided July 1, 1880

Court of Appeals of Texas · decided 1880-07-01

<p>Appeal from the District Court of DeWitt. Tried below before the Hon. O. L. Threlkeld, County Judge.</p> <p>The conviction was for a petty theft.</p>

Decided 1880-07-01

Clark, J.

¶1If the oath prescribed by the jury law of 1876 was not administered to the sheriff at the commencement of the term of the court at which appellant was tried, that fact should be made to appear affirmatively in the record, by bill of exceptions or otherwise. Hicks v. The State, 5 Texas Ct. App. 488. A mere statement to that effect, as one of the grounds set up in a motion for new trial, will not suffice.

¶2The verdict is fully sustained by the law and the evidence, and the judgment is affirmed.

¶3Affirmed.

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