Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 377
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1875.] BLACK V. THE STATE. 377
shown that the persons who made the affidavit in support of
the application were obscure persons, not acquainted with the
public sentiment; that the case had attracted but little attention,
the parties being unknown to the mass of the people in
the county; that there were a large proportion of the jurors
of the county who had most probably never even heard of the
transaction at all. Such affirmative facts being proved, in addition
to the negative evidence, as in this case, this court sustained
the action of the court below in refusing the application
for a change of venue. We areof opinion that the court erred
in overruling the application for a change of venue, on account
of the mode which was alone adopted in determining the issue
on it. The effect of this, however, will only be to indicate a
proper mode of investigation, should another similar application
be hereafter made in the District Court.
Without undertaking to define the different ways in which
this matter may be properly tried and determined, it is now
only decided that the mode adopted in this case is not a proper
one, so as to enable this court to justify the refusal of the application,
as made and supported for the change of venue.
We are of opinion that the court erred in overruling the aplication
for a change of venue, in the charge to the jury, and
in overruling the motion for a new trial, for which the judgment
must be reversed and the cause remanded.
Reversed and remanded.
JEFF BLACK v. THE STATE.
1. QUALIFICATAION OF JUROR. A juror, in answer to questions touching his
qualifications, said " that he had read the report of the evidence in the
"case of The State v. A. J. Walker (jointly indicted with defendant);
"that he had formed an opinion thereon as to the guilt or innocence of
"the accused; that it would require other and different evidence to
" change that opinion ; that the opinion so formed would not influence
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/385/: accessed March 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .