Legal Opinion

Garcia v. State

Court of Appeals of Texas

Decided July 1, 1882Published

Appeal from the District Court of Webb. Tried below before the Hon. J. C. Russell. The opinion discloses the nature of the case and its •disposition. There is no statement of facts incorporated in this .record except the written testimony of - Joaquin Barrientas taken before the examining court, in which he describes the manner of missing the stolen mule, its return by the sheriff, and the want of his consent to the taking of it.

1Opinion of the CourtWillson, J.

The defendant was indicted for the theft of a mule, and was convicted, and his punishment assessed at seven years’ confinement in the penitentiary. In organizing a jury for the tidal of the case, one juror upon examination stated that he could not speak, read or write the English language, nor understand the same sufficiently to comprehend the proceedings of the court. The defendant challenged this juror for cause. The court overruled the challenge, and the juror was sworn and served upon the trial of the cause. The ruling of the court was excepted to by defendant, and is assigned as error.

The…

2Cases cited2 opinions

  1. Lyles v. StateTexas Supreme Court · 1874
  2. Wills v. StateTexas Supreme Court · 1874

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