Wilson v. State

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon.. George E. Mann. The court below allowed the State to challenge jurors because they were not freeholders or householders, and the defendant excepted on the ground that the present Constitution makes all qualified voters competent for jury service. The appellant was tried for the murder of Thomas Smith. He was found guilty, and death assessed as the penalty. The brief filed in his behalf bears no signature.

Cited by 1 later decisions — most recently March 1972

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

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Evans, P. J.

¶1The fourth and fifth assignments are well taken.

¶2Article 12, Section 45, of the Constitution, prescribes the qualifiations of jurors, and supercedes so much of the pre-existing laws as is inconsistent with it. This was expressly decided in the case of Maloy v. The State, at the last term of this court. (33 Texas, 599.)

¶3Questions respecting the construction of Section 14, Article 5, of the Constitution, raised by the record, are not presented either in the bill of exceptions or the statement of facts, with sufficient certainty to enable this court to consider them in all their aspects ; and as they are not likely to arise in another trial of this case, we do not now consider them.

¶4The judgment is reversed and the cause remanded.

¶5Reversed and remanded.