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: 381
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1875.] BLACK V. THE STATE. 381
Opinion of the Court.
"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 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 the evidence appearing on this trial."
By a recurrence to the above quoted provisions of the Code,
it will be seen that the object of the further examination is to
ascertain first, that the juror has formed in his mind a conclusion;
second, the source from which it was formed, and third,
the extent to which it will affect his action. When the question
is first asked the juror, he is made the judge of the extent
to which the conclusion that he has formed will influence
his action. But when he is further examined, the court becomes
the judge of the extent to which it will influence his
action, and this must be determined by the nature of his conclusion,
as ascertained from what the juror says in answer to
the questions. A slight, merely general impression, derived
from hearsay or floating rumor, may be denominated a conclusion
which might not ordinarily be a disqualification. For
it is implied in the shape of the first question as above quoted,
that the juror may have some sort of a conclusion, founded on
hearsay or otherwise, which would not disqualify him. A
general opinion formed without any particular examination
into the facts, and derived from a source in which the juror
placed no great reliance, might be denominated a conclusion,
and still it might generally not disqualify the juror.
On the other hand, a satisfactory conclusion, from hearing
and carefully considering the evidence, would certainly disqualify
the juror. In this case, the juror had read the report
of the evidence in the Walker case-Walker and the defendant
being charged with the commission of the same offense,
in the same indictment. The report referred to may be presumed
to be the detail of the evidence at a former trial, as
given in the newspapers of the city, which is usually published
in cases exciting any general interest. He must have
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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/m1/389/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .