DocketNumber: No. 20298.
Citation Numbers: 138 S.W.2d 541, 139 Tex. Crim. 3
Judges: HAWKINS, Presiding Judge.
Filed Date: 4/19/1939
Status: Precedential
Modified Date: 1/13/2023
Appellant insists in his motion for rehearing that we were in error in not sustaining his contention that the trial court should have ordered a change of venue.
We are cited to a number of cases which are thought to sustain appellant's position, particularly Bond v. State,
In Willis v. State, 128 Tex.Crim. R.,
To illustrate how the variant facts may impress the court in passing upon the question before us we refer to Richardson v. State, (supra). There the trial judge reserved his ruling until he heard the statements of the veniremen, and their evidence on voir dire examination was made a part of the record. Out of 81 prospective jurors examined 68 entertained the opinion that Bond was guilty, and a number of them had themselves expressed opinions about it. The trial judge in the present case reserved his ruling until the veniremen were examined. Ninety-nine prospective jurors were examined. Forty-five were excused because of opinions. Only two stated what their opinion was, and both stated that they believed appellant was innocent. The jury was secured from the remaining 54 veniremen, and each juror chosen said he had no "opinion or impression" as to the guilt or innocence of appellant.
In Bond's case (supra), he was a comparative stranger in the county, while deceased was generally and favorably known; had many kinspeople, both by blood and marriage, scattered all over the county. Two of the veniremen were excused because they were related to deceased, and after the trial it was discovered that four men who had sat on the jury were distantly related to deceased by marriage.
It is appellant's position here that the newspaper stories regarding the killing caused a prejudice to exist against appellant. Whether or not this was true became a question of fact on the issue joined between appellant and the State. It was our effort in the original opinion to make a fair condensed statement of the evidence pro and con on such issue.
The evidence before the trial court and before us makes necessary the application of the rule stated very clearly in Carlile v. State, 96 Tex.Crim. R.,
Other cases in which the same rule has been applied are Parker v. State, 91 Tex. Cr. 68,
The motion for rehearing is overruled.
Blackshear v. State , 126 Tex. Crim. 417 ( 1934 )
Randle v. State , 34 Tex. Crim. 43 ( 1894 )
Carlile v. State , 96 Tex. Crim. 37 ( 1923 )
Bond v. State , 121 Tex. Crim. 269 ( 1932 )
Dobbs v. State , 51 Tex. Crim. 629 ( 1907 )
Richardson v. State , 126 Tex. Crim. 223 ( 1934 )
Willis v. State , 128 Tex. Crim. 504 ( 1935 )