Jacobs v. State

Decided July 1, 1880

Court of Appeals of Texas · decided 1880-07-01

Tried below before the Hon. L. G. Jackson, County Judge. The trial was for aggravated assault and battery. In empaneling the jury the county attorney objected to such of the jurors as had served in a case previously tried, and which was based on the same affair. The court sustained the objection, and some of the jurors were set aside and talesmen summoned in their stead. The defence reserved a bill of exceptions.

Decided 1880-07-01

White, P. J.

¶1Art. 3012 of the Bevised Statutes, enumerating the persons disqualified to sit as jurors in particular cases, in subdivision 5 mentions “ any person who has sat as a petit juror in a former trial of the same case, or of another case involving the same questions of fact.”

¶2In Dunn v. The State, 7 Texas Ct. App. 600, this article *279was construed in connection with art. 636 of the Code of Criminal Procedure, which declares it a ground of disqualification that a juror has “ served on a petit jury in a former trial of the same case,” and it was held that the two articles were in harmony, and that the former applied in criminal as well as civil trials.

¶3There is no other question in this case requiring special notice, and the judgment, being in all other respects correct, is affirmed.

¶4Affirmed.