Henrie v. State

Citations

• 41 Tex. 573

Syllabus

<p>1. Practice in Supreme Court.—In the absence of a statement of facts certified as described by law, this court will not consider assignments of error based on the charges given or refused, nor on the verdict as against the evidence.</p> <p>2. An indictment for murder nerd not charge the act as done with express or with implied malice. It is snificient to charge the act as committed with malice aforethought.</p> <p>3. Continuance.—See affidavit held sufficient for the first application.</p> <p>4. Juror disqualified by prejudice against the accused.—It appearing by affidavit, and not explained by the juror, that one of the jurors had, before the trial, in speaking of the affair, said the accused “ had killed a poor, innocent soldier, and ought to have his neck .broke,” and that this was not known to the accused when the jury was impaneled, and that on his examination the juror swore that he had no prejudice—for this cause a new trial should have been granted.</p>