Legal Opinion

Wilson v. State

Texas Supreme Court

Decided July 1, 1872PublishedCited by 2 opinions

Appeal from Brazoria. Tried below before the Hon.. George E. Mann. The court below allowed the State to challenge jurors because they were not freeholders or householders, and the defendant excepted on the ground that the present Constitution makes all qualified voters competent for jury service. The appellant was tried for the murder of Thomas Smith. He was found guilty, and death assessed as the penalty. The brief filed in his behalf bears no signature.

1Opinion of the CourtEvans, P. J.

The fourth and fifth assignments are well taken.

Article 12, Section 45, of the Constitution, prescribes the qualifiations of jurors, and supercedes so much of the pre-existing laws as is inconsistent with it. This was expressly decided in the case of Maloy v. The State, at the last term of this court. (33 Texas, 599.)

Questions respecting the construction of Section 14, Article 5, of the Constitution, raised by the record, are not presented either in the bill of exceptions or the statement of facts, with sufficient certainty to enable this court to consider them in all their aspects ; and as…

2Cases cited1 opinion

  1. Maloy v. StateTexas Supreme Court · 1871

3Cited by2 opinions

  1. Shelby v. StateCourt of Criminal Appeals of Texas · 1972
  2. Brown v. StateCourt of Appeals of Texas · 1877

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