35 S.W. 164 | Tex. Crim. App. | 1896
Appellant was convicted of robbery, and his punishment assessed at nine years' confinement in the State penitenitentiary, and from the judgment and sentence of the lower court he prosecutes this appeal. On the trial of the case the appellant was placed upon trial without having one days' service of the list of jurors that were to try him, he having been in jail from the time of his arrest until the time the case was called for trial; but his request to allow him one days' service of the venire was refused, and he saved his exception thereto. The court, in explaining the bill of exceptions, states that neither the State not the defendant had made application for the special venire, and that the jurors on which the defendant had to pass were the regular jurors for the week, and for the further reason that a postponement of said cause would have resulted in the continuance of the case. Since the Act of the Twenty-fourth Legislature (Acts 1895, p. 89) Rev. Penal Code, Art. 856, which took effect ninety days after the adjournment of that legislature, the offense of robbery, when a firearm or other deadly weapon is used or exhibited in the commission of the offense, has been a capital felony, punishable by death or by confinement in the penitentiary for a term of not less than five years. See, Ex parte Epps,
Reversed and Remanded.