Garcia v. State

Citations

• 12 Tex. Ct. App. 335

Syllabus

<p>1. Juey Law— Challenge.—Inability of a proposed juror to read and write the English language is a ground of challenge for cause, un- . less it appears that the requisite number of jurors who can read and write that language cannot be found in the county of the forum.</p> <p>2. Same — Practice.— That there could not be found in the county a sufficient number of qualified jurors able to read and write English is a fact which the record must show affirmatively did appear to the court. The court below is not authorized to dispense by general order with this test of the qualification of jurors.</p> <p>3. Evidence.— The written testimony of a witness taken before an examining court, properly certified by the magistrate, is admissible for the State when, as in this case, the prosecuting attorney has laid the proper predicate by showing that, when the absent witness was examined, the defendant was present and was afforded the privilege of cross-examination, and that, since the witness was examined, he has removed beyond the jurisdiction of the court.</p> <p>4. Charge oe the Court which instructs the jury that, in the absence of a written transfer or bill of sale of the animal alleged to have been stolen, it devolves upon the defendant to show that his possession was legal, is error. See the opinion in extenso for the question discussed.</p>