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: 380
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380 BLACK v. THE STATE. [Term of
Opinion of the Court.
There is another ground of error contained in the bill of
exceptions, and in the motion for a new trial, for which also, it
is contended, the judgment of conviction should be reversed;
and that is, that after the defendant had, in the selection of the
jury, exhausted all of his peremptory challenges, his challenge
of B. McIlllhenny, one of the jurors, for cause, was overruled,
and that thereby he was, against his will, and over his objection,
tried by a juror, who was not impartial, as shown to the
court by the juror's examination under oath.
Our Constitution provides that "in all criminal prosecutions
"the accused shall have a speedy, public trial, by an impartial
" jury. (Bill of Rights, Section 8.)
The Code has provided the means of securing an impartial
jury, by causing certain questions to be propounded to the
juror, for the purpose of ascertaining whether or not he is liable
to certain specified grounds of challenge for cause, one of
which is as follows: "That from hearsay or otherwise there
" is established in the mind of the juror such a conclusion as
" to the guilt or innocence of the defendant, as will influence
him in his action in finding the verdict. For the purpose of
' ascertaining whether the last cause of challenge exists, the
' juror shall be first asked whether in his opinion the conclu",
sion so established will influence his verdict. If he shall
"answer in the affirmative, he shall be discharged. If he
"shall answer in the negative, he shall be further examined by
" the court, or under its directions, as to how his conclusion
"was formed, and the extent to which it will affect his action;
"and if the court is not satisfied from such examination that
"he is impartial, the juror shall be discharged." (Pasehal's
Digest, Article 3041.)
"The court is the judge, after proper examination, of the
" qualification of a juror." (Paschal's Digest, Article 3014.)
The said juror having answered the above question in the
negative, and being further examined, he said "'that he had
" read the report of the evidence in the case of The State v. A.
"J. Walker, that he had formed an opinion thereon as to 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/m1/388/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .