Bates v. State
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. Indictment for murder ; conviction of manslaughter. Bill of exceptions as follows : The jurors summoned in this case being called, twenty-four of the same answered, appeared, were duly sworn, tried and qualified, and a portion of the same accepted as jurors by the State and prisoner, but not a full jury of twelve men selected from them.
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Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. Indictment for murder ; conviction of manslaughter. Bill of exceptions as follows : The jurors summoned in this case being called, twenty-four of the same answered, appeared, were duly sworn, tried and qualified, and a portion of the same accepted as jurors by the State and prisoner, but not a full jury of twelve men selected from them. It was then made known to the Court by the Sheriff, that the remaining twelve of the original venire were on the jury in the case of Nash and wife against March and Wolverton, pending in this…
1Opinion of the CourtWheeler, J.
The law gives the accused the right of having a list of the jurors summoned upon the original venire, served upon him at least one day before the trial is commenced. (Hart. Dig. Art. 488.) The object is to enable him the better to exercise his right of challenge. It is a valuable right, which is not to be denied the accused. It is true, it may be defeated, in whole or in part, by the non-attendance of the jurors; and, doubtless, after their attendance the Court may discharge one or more of them for cause. But it will be readily admitted that the cause which will excuse ought riot to be…
2Cited by2 opinions
- Osborne v. StateCourt of Appeals of Texas · 1887
- Jackson v. StateCourt of Appeals of Texas · 1878