Opinion

Hagans v. State

  • 372 S.W.2d 946
  • 1962 Tex. Crim. App. LEXIS 790
Court
Court of Criminal Appeals of Texas
Filed
Oct 24, 1962
Status
Published
Author
McDonald
On the bench
Belcher, Woodley, McDonald
Cited by
6 cases
Authority
More cited than 10.6%

The opinion

ON APPELLANT’S SECOND MOTION FOR REHEARING

McDonald, judge.

When it is shown that an accused has been tried by a jury who did not enter the jury box with open minds, we do not hesitate to reverse. Williams v. State, 162 Tex.Cr.R. 202 , 283 S.W.2d 239 .

The Supreme Court of the United States applied this same test in its holdings in Irvin v. Dowd, 366 U.S. 717 , 81 S.Ct. 1639 , 6 L.Ed.2d 751 , and in Beck v. Washington, 369 U.S. 541 , 82 S.Ct. 955 , 8 L.Ed.2d 98 .

*950 The record before us, however, does not reveal that appellant was tried by a jury who did not enter the jury box with open minds.

Remaining convinced that this case was correctly disposed of in our original opinion and in the opinion on appellant’s first motion for rehearing, appellant’s second motion for rehearing is overruled.

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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