Weaver v. State

BERRY, Judge.

The offense is murder and the punishment is five years in the penitentiary.

The statement of facts was not filed until more than ninety days after the notice of appeal was given and under the statute it cannot be considered. Sec. 5, Art. 760, 1925 Revision C. C: P.

In his motion for a new trial, appellant contends that he was not accorded an impartial jury as that term is defined in the decisions of this court, in that the juror Y. B. Reese was prejudiced against him. The court heard testimony on this issue, and the effect of the testimony was that he stated on his voir dire…