Maloy v. State

Citations

• 33 Tex. 599

Syllabus

<p>1. A party is not entitled in this court to a revision of the judgment of a lower court, on the facts of the case, or on the ground that the judgment was not warranted by the evidence, unless he had filed a motion in the lower court for a new trial within the time’ limited by- the statute. (PasehaPs Digest, Articles 3138 and 1473.)</p> <p>2. But without any motion tor a new trial in the court below, an appellant is entitled in this court to a revision of alleged errors of law committed by the court below.</p> <p>3- Section 45 of Article 12 of the present State Constitution, which provides that all the qualified voters of each county shall also be qualified jurors of such county, entirely abrogates all the previous enactments which prescribed the qualifications of jurors; and it is not now competent for the Legislature or the courts, or any other authority, to impose or require different or additional qualifications for a juror than that he shall be a qualified voter of the couuty. It was error, therefore,Tor a district court, in the trial of a criminal cause, to exclude certain jurors on the ground that they were not freeholders or householders, nor entered on the jury list.</p>