Baker v. State

Citations

• 3 Tex. Ct. App. 525

Syllabus

<p>1. Special Venire — Challenge. —Article 556 of the Code of Criminal Procedure (Pose. Dig., art. 3024) implies that, after a juror from a special venire has been accepted by both parties, a peremptory challenge to him is not allowable in this state, even by leave of the court.</p> <p>2. Same. — And, though a case may occur in which a challenge for cause may be allowable after the acceptance of a juror, the cause must be something which has arisen since the opportunity for challenge, or be one not ordinarily discoverable on the voir dire of the juror; and the application for leave to challenge at this stage of the proceedings should disclose such cause.</p> <p>3. Case Stated.—After a jury in a murder case had been accepted by both parties, the prosecuting attorney was allowed by the court, despite objection by the accused, to challenge certain of the jurors without assigning any cause for challenge except that, on a suggestion of his associate counsel, he nod accepted them by mistake Held, error.</p> <p>4. Cases Overruled.—Hubotter v. The State, 32 Texas, 479, and Cooley v. The State, 38 Texas, 638, so far as they conflict with the foregoing rulings, are overruled</p>