McCampbell v. State
Court of Appeals of Texas
Appeal from the District Court of Cameron. Tried below before the Hon. J. C. Russell. The indictment charged the appellant with theft of eleven horses. A term of five years in the penitentiary was the punishment awarded him. The matters immediately germane to the rulings are disclosed in the opinion.
1Opinion of the CourtClark, J.
There are several errors patent upon the record in this case, either of which must be deemed fatal to the conviction.
1. As appears from a bill of exceptions duly saved and certified, before the process of empanelling the jury was begun, the defendant objected in limine to any person being sworn and empanelled as a juror who did not understand and speak the English language ; which objection was overruled by the court. Thereupon the jurors, as summoned, were called, and the defendant exercised his right of peremptory challenges until.they were exhausted; after which eight jurors, whose names…
2Cases cited3 opinions
- Lyles v. StateTexas Supreme Court · 1874
- Deaton v. StateTexas Supreme Court · 1876
- Davis v. StateTexas Supreme Court · 1874
3Cited by1 opinion
- Davis v. DyerSupreme Court of New Hampshire · 1882