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: 378
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378 BLACK V. THE STATE. LTerm of
Opinion of the Court.
"his verdict in the slightest degree; and that he would go into the jury
"box and give the accused a fair and impartial trial, according to the
"law and evidence appearing on the trial" Held, that the court below
should not have been satisfied that the juror was impartial.
2. WHAT CHARACTER OF OPINION DISQUALIFIES A JUROR. Light impressions,
which may be supposed to yield to the testimony offered, and
which may leave the mind open to a fair consideration of the testimony,
constitute no objection to a juror; but those strong and deep impressions,
which will close the mind against the testimony that may be offered
in opposition to them, which will combat the testimony and resist
its force, do constitute a sufficient objection to him.
8. WHEN QUALIFICATION OF JUROR DOUBTFUL. When it is doubtful
whether a juror is qualified, it is more consonant with the spirit of our
Constitution and laws, and safer, to decide against his qualification.
APPEAL from Galveston. Tried below before the Hon. Sami
Jeff Black was jointly indicted with Andrew J. Walker
for the murder of Green Butler. The facts developed on the
trial were identical with those reported in Walker v. The State
(ante, p. 361), with the exceptions stated in the opinion delivered
in this case.
The charge of the court in the "trial was a reproduction of
the charge in Walker v. The State, with the exception of the
charge as to alibi, which the court omitted. The errors assigned
in that case, with this exception, are common to this.
Verdict, guilty of murder in the first degree, and punishment
fixed at imprisonment in the penitentiary for life.
tillie & Cleveland, and Arthur W. A ndrews, for appellant,
cited Moses v. The State, 10 Humphries, 460; People v. Vermnilyea,
7 Cowen, 562; People v. Mather, 4 Wend., 231; 2
Stewart & Porter, 308; Rice v. Tennessee, 1 Yerger, 435.
Xi. C. iceLemrore, for the State, cited Henderson v. The
State, 12 Texas, 531; Monroe v. The State, 23 Texas, 231-2;
Barrell v. The State, 18 Texas, 729, 730.
ROBERTS, C. J. The facts in this case are substantially the
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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/m1/386/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .