Jordan v. State

We have again reviewed the record in the light of appellant's motion for rehearing, and are unable to agree that the contentions raised were not properly disposed of in our original opinion.

By Art. 616, Sec. 11, C. C. P., (applicable to capital cases), the fact that the juror has conscientious scruples in regard to the infliction of the punishment of death for crime is made ground for challenge. Such challenge may be made by the accused as well as by the state. See Taylor v. State,131 Tex. Crim. 350, 99 S.W.2d 609.

The state's right to such challenge could not be destroyed by the previous…