Houston & Texas Central Railway Co. v. Waller

Gould, Chief Justice.

The constitution of this state directs that “petit jurors in the district courts shall be composed of twelve men.” In the latter clause of the same section it reads thus: “When pending the trial of any case, one or more jurors, not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict.” Art. V, sec. 13. The statute repeats these provisions and adds, that “the parties may by consent agree, in a particular case, to try with a less number,”—but that “no verdict shall be rendered in any cause, except upon…