Opinion

Wolfe v. State

  • 147 Tex. Crim. 62
  • 178 S.W.2d 274
  • 1944 Tex. Crim. App. LEXIS 848
Court
Court of Criminal Appeals of Texas
Filed
Jan 5, 1944
Status
Published
Author
Hawkins
On the bench
Graves, Beauchamp, Hawkins
Cited by
75 cases

stating that objecting party must state that a remaining veniremember is objectionable, although the objecting party need not state why the remaining veniremember is objectionable

How later courts described this case

  • stating that objecting party must state that a remaining veniremember is objectionable, although the objecting party need not state why the remaining veniremember is objectionable
  • holding that trial court should have sustained defense counsel’s challenge for cause against juror who served on the grand jury which found the indictment
  • holding that if a challenge for cause is improperly denied, the accused need not state why the identified juror left on veni-re was objectionable
  • analyzing denial of challenges for cause on the merits where appellant demonstrated harm by identifying a specific individual as an objectionable juror

Written by the judges who cited it.

The opinion

HAWKINS, Presiding Judge

(dissenting).

My brethren have reached the conclusion that appellant’s motion for rehearing should be granted. My views upon the point at issue are expressed in the original opinion affirming the judgment, and they remain unchanged. It follows that in my judgment the motion for rehearing should be overruled:

Accordingly, I register my dissent to granting the motion with reference to the original opinion for my reasons.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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