Nelson v. State

This case presents a question of the authority of courts to reverse a conviction on appeal on the ground that a juror was absolutely disqualified.

The term “absolutely disqualified” is derived from the catchline of Article 35.19 of the Code of Criminal Procedure:

Art. 35.19. Absolute disqualification No juror shall be impaneled when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16, though both parties may-consent.

Those reasons for challenges for cause, as enumerated in Article 35.16(a), are:

2. That he has been convicted of theft or any felony;

3.…