Hughes v. State

LATTIMORE, Judge.

Conviction in District Court of Smith County of murder, punishment fixed at fifteen years in the penitentiary.

We are met at the threshold of our consideration of this case by the proposition that one of the jurors who tried the case had been convicted of a felony and his citizenship had not been restored.

The facts adduced on the hearing of appellant’s motion for new trial showed that juror Hobbs admitted that he had been convicted in the Federal Court of Alabama in 1912 for manufacturing whiskey without paying the tax required by law, and that he had not been pardoned. The…