Venn v. State

<p>1. —Local Option—Plea to Jurisdiction—Void Statute—Repeal.</p> <p>A void Act of the Legislature cannot and does not repeal existing valid statutes, and where the defendant pleaded to the jurisdiction contending that state-wide prohibition repealed the local option law, claiming the right to elect under which statute he should be tried and demanding a trial under the state-wide prohibition Act, his plea was therefore correctly overruled, as the state-wide prohibition Act has been declared unconstitutional. Following Ex parte Myers, 207 S. W. Rep., 100, and other cases.</p> <p>2. —Same—Jury and Jury Law—Challenge for Cause.</p> <p>Where the defendant claimed that three of the jurors had served on a previous case against the defendant arid had found him guilty, and therefore challenged them for cause, but it appeared that the two cases were not based upon the same or similar facts the challenge was correctly over ruled. Following Edgar v. State, 59 Texas Crim. Rep., 252, and other cases.</p> <p>3. —Same—Motion for Rehearing—Challenge for Cause.</p> <p>Where the cases were different both as to the facts and the time, and originated under different circumstances, the mere fact that defendant was the same in both cases would not render it similar in nature under the circumstances stated, and the court correctly overruled the challenge that some of the jurors had served on a previous case who found defendant guilty.</p>