Cannon v. State
Texas Supreme Court
Appeal from Bastrop County. The appellant was convicted of playing at cards at the fall term of the district court, 1848. The defendant moved for a new trial on the ground of the misconduct of a juror; and, in support of his motion, read the affidavit of one Wm. It.
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Appeal from Bastrop County. The appellant was convicted of playing at cards at the fall term of the district court, 1848. The defendant moved for a new trial on the ground of the misconduct of a juror; and, in support of his motion, read the affidavit of one Wm. It. Cannon, who was also examined on the application, and who stated, in substance, that he was the bailiff in charge of the jury; that he left them in charge of the sheriff, and went in search of the clerk, at the request •of the jury, to return their verdict; and whilst so absent from them, and before they had returned their…
1Opinion of the Court
Mr. Justice 'Wheelee,
after stating the facts, delivered the ■opinion of the court.
It is insisted for the appellant that the court erred —
1st. In permitting the juror to testify in support of the verdict.
2d. In refusing to set aside the verdict for the misconduct of the juror.
1. It is a general rule, which has been seldom departed from, that a juror cannot be compelled [3 Bay, 309], nor will he be permitted, to testify to his own misconduct or that of his fellow jurors. [4 Binn. 150; 5 Rawle, 61; 5 Conn. R. 348; 5 Hill, 560; 19 Pick. R. 311; 4 Humph. R. 27; 1 Tex. R. 726.]
And it would seem…
2Cases cited6 opinions
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- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
- Barlow v. StateIndiana Supreme Court · 1827
- Hamilton v. KnightIndiana Supreme Court · 1818
- White v. WhiteSupreme Court of Pennsylvania · 1835
1 more not listed; retrieve them via the Exa API.
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