Thomas v. State
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. J. P. Osterhout. On empaneling a jury to try this case, one McCune was empaneled as a member of the jury, and the defendant objected to him on the ground that he had stated, on his examination touching his qualifications as a juror, that he had formed a conclusion as to the guilt or innocence of the defendant from hearsay, and that it would require testimony to remove the conclusion, when he would be able to decide according to…
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Appeal from Bell. Tried below before the Hon. J. P. Osterhout. On empaneling a jury to try this case, one McCune was empaneled as a member of the jury, and the defendant objected to him on the ground that he had stated, on his examination touching his qualifications as a juror, that he had formed a conclusion as to the guilt or innocence of the defendant from hearsay, and that it would require testimony to remove the conclusion, when he would be able to decide according to the law and evidence. The court below overruled defendant’s objection, and he was forced to challenge peremptorily; to…
1Opinion of the CourtOgden, J.
We think the bill of exceptions in this case com-' -plains of a ruling of the court which will require a reversal of the judgment. This case was called for trial out of its order as .it stood on the docket, and the defendant forced into trial in advance of some forty cases which were docketed before his, and which" had not been called; unprepared for his défense, and taken by surprise, as a matter of course he filed an affidavit for a continuance, winch was overruled. We confess we have been unable to discover the reasons for overruling this motion, but, as the case will go back for another…
2Cited by8 opinions
- State v. SimpsonSupreme Court of Louisiana · 1989
- State v. WaltonSupreme Court of Missouri · 1881
- People v. MolMichigan Supreme Court · 1904
- State v. BryantSupreme Court of Missouri · 1887
- Nichols v. StateCourt of Appeals of Texas · 1878
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