Black v. State

Citations

• 42 Tex. 377

Syllabus

<p>1. Qualification of juror. A juror, in answer to questions touching his qualifications, said “ that he had read the report of the evidence in the “ case of The State v. A. J. Walker (jointly indicted with defendant); “ that he had formed an opinion thereon as to the guilt or innocence of “ the accused ; that it would require other and different evidence to change that opinion ; that the opinion so formed would not influence “ his verdict in the slightest degree; and that he would go into the jury “ box and give the accused a fair and impartial trial, according to the “ law and evidence appearing on the trial.” Held, that the court below should not have been satisfied that the juror was impartial.</p> <p>2. What character of opinion disqualifies a juror. Light impressions, which may be supposed to yield to the testimony offered, and which may leave the mind open to a fair consideration of the testimony, constitute no objection to a juror; but those strong and deep impressions, which will close the mind against the testimony that may be offered in opposition to them, which will combat the testimony and resist its force, do constitute a sufficient objection to .him.</p> <p>3. When qualification of juror doubtful. When it is doubtful whether a juror is qualified, it is more consonant with the spirit of our Constitution and laws, and safer, to decide against his qualification.</p>