12 Tex. 248
Decided July 1, 1854
Texas Supreme Court · decided 1854-07-01
The appellant was found guilty-upon an indictment for gaming, and moved the Court to grant him a new trial, on the ground that some of the jurors who-found the verdict were not sworn. Two of the jurors and two other persons were proposed to testify in support of the application, The Court refused to hear the application and overruled the motion, and the defendant appealed.
Decided 1854-07-01
¶1It is reasonable to suppose that the Judge who presided at the trial, was quite as competent to decide whether the jury were sworn, as the persons whose testimony was proposed touching that question. We must presume that the fact, that the jury were sworn, was within the knowledge of the presiding Judge; and he might well refuse to hear the testimony of witnesses , offered to contradict the evidence of his senses. The judgment is affirmed.
¶2Judgment affirmed.