# Hagans v. State

> Court of Criminal Appeals of Texas · October 24, 1962 · 372 S.W.2d 946

URL: https://www.frixlaw.com/law-library/cases/9766916

## Case

- **Full name:** Edward Otho HAGANS, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 24, 1962
- **Citations:** 372 S.W.2d 946; 1962 Tex. Crim. App. LEXIS 790
- **Precedential status:** Published
- **Opinion:** On rehearing by McDonald
- **Judges:** Belcher, Woodley, McDonald
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9766916

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766916. Public record. Not legal advice.