Givens v. State
Texas Supreme Court
Appeal from Anderson. The .appellant was indicted, tried, and found guilty of an assault, and lined by the jury one dollar. The defendant moved for a new trial, on the ground that one o.f the jurors who tried the case “was prejudiced and partial, and went into the trial of the" cause with the predetermined purpose to find against the defendant.”
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Appeal from Anderson. The .appellant was indicted, tried, and found guilty of an assault, and lined by the jury one dollar. The defendant moved for a new trial, on the ground that one o.f the jurors who tried the case “was prejudiced and partial, and went into the trial of the" cause with the predetermined purpose to find against the defendant.” In support of the application the defendant made his affidavit, in substance, that he heard the juror say, after a trial in which he set as juror, that if lie was on the jury lie would Und against the next man who employed a certain attorney of the…
1Opinion of the CourtWheeler, J.
The question is whether the alleged partiality of the juror entitled the defendant to a new trial. And it is very olear that it did not. The objection to the juror was known to the defendant before the trial; and it is well settled that when a party lias accepted a juror, knowing the objection, he cannot, after verdict, make that objection a ground for a new trial. The rule is the same both in criminal and civil cases. (7 Watts & Serg. 14., 415; 5 Binn. R., 340; 1 Pick. R., 38.) The law will not permit a party, by"thus holding his objection to the juror in reserve, to take two chances of…
2Cases cited1 opinion
- Fitler v. ShotwellSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Bailey v. StateCourt of Criminal Appeals of Texas · 1912
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920
- Lowe v. StateCourt of Criminal Appeals of Texas · 1920