Bigby v. State

Article 35.13, V.A.C.C.P., is derived from former article 632, C.C.P. 1879; also applicable to capital cases, it provided, viz:

*893“When a juror has been held to be qualified he shall be passed to the parties, first to the state and then to defendant, for acceptance or challenge.”

The same code further contemplated an “examination” of a venire-person relating, to a challenge for cause was not confined to answers given, in that “other evidence may be heard in support of or against the challenge.” Id., article 687; O.C. 577; now Article 35.18.

The peremptory challenge, made without assigning any…