CODE OF CRIMINAL PROCEDURE
CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES

Art. 34.01. SPECIAL VENIRE.  A "special venire" is a writ issued in a capital case by order of
the district court, commanding the sheriff to summon either verbally or by mail such a
number of persons, not less than 50, as the court may order, to appear before the court on
a day named in the writ from whom the jury for the trial of such case is to be selected.  
Where as many as one hundred jurors have been summoned in such county for regular
service for the week in which such capital case is set for trial, the judge of the court having
jurisdiction of a capital case in which a motion for a special venire has been made, shall
grant or refuse such motion for a special venire, and upon such refusal require the case to
be tried by regular jurors summoned for service in such county for the week in which such
capital case is set for trial and such additional talesmen as may be summoned by the sheriff
upon order of the court as provided in Article 34.02 of this Code, but the clerk of such court
shall furnish the defendant or his counsel a list of the persons summoned as provided in
Article 34.04.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.02. ADDITIONAL NAMES DRAWN.  In any criminal case in which the court deems that
the veniremen theretofore drawn will be insufficient for the trial of the case, or in any criminal
case in which the venire has been exhausted by challenge or otherwise, the court shall order
additional veniremen in such numbers as the court may deem advisable, to be summoned
as follows:
(a) In a jury wheel county, the names of those to be summoned shall be drawn from the jury
wheel.
(b) In counties not using the jury wheel, the veniremen shall be summoned by the sheriff.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.03. INSTRUCTIONS TO SHERIFF.  When the sheriff is ordered by the court to summon
persons upon a special venire whose names have not been selected under the Jury Wheel
Law, the court shall, in every case, caution and direct the sheriff to summon such persons as
have legal qualifications to serve on juries, informing him of what those qualifications are,
and shall direct him, as far as he may be able to summon persons of good character who
can read and write, and such as are not prejudiced against the defendant or biased in his
favor, if he knows of such bias or prejudice.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Art. 34.04. NOTICE OF LIST.  No defendant in a capital case in which the state seeks the
death penalty shall be brought to trial until he shall have had at least two days (including
holidays) a copy of the names of the persons summoned as veniremen, for the week for
which his case is set for trial except where he waives the right or is on bail.  When such
defendant is on bail, the clerk of the court in which the case is pending shall furnish such a
list to the defendant or his counsel at least two days prior to the trial (including holidays)
upon timely motion by the defendant or his counsel therefor at the office of such clerk, and
the defendant shall not be brought to trial until such list has been furnished defendant or his
counsel for at least two days (including holidays). Where the venire is exhausted, by
challenges or otherwise, and additional names are drawn, the defendant shall not be entitled
to two days service of the names additionally drawn, but the clerk shall compile a list of such
names promptly after they are drawn and if the defendant is not on bail, the sheriff shall
serve a copy of such list promptly upon the defendant, and if on bail, the clerk shall furnish
a copy of such list to the defendant or his counsel upon request, but the proceedings shall
not be delayed thereby.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1, 1991.
Art. 34.05. MECHANICAL OR ELECTRONIC SELECTION METHOD.  A mechanical or electronic
method of jury selection as provided by Chapter 62, Government Code, may be used under
this chapter.
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1, 1995.
.b
Any time you are charged with a criminal charge it is a very serious
matter requiring a
criminal lawyer.


Long term effects can include a criminal record FOR LIFE, affect your
ability to get a job, obtain credit including denial of a mortgage
application, loss of your Driver's License, surcharges on your
License......and the list goes on and on.  These can be avoided with a good
Houston Criminal Defense Lawyer.
.
Code of Criminal Procedure Ch 1
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Code of Criminal Procedure Ch 17a
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Code of Criminal Procedure Ch 32a
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Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
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THE TEXAS
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The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT