McCampbell v. State

Citations

• 9 Tex. Ct. App. 124

Syllabus

<p>1. Jury Law. — In a trial for felony, the defendant protested in limine against any jurors unable to comprehend and speak the English language; but, after his peremptory challenges were exhausted, several jurors so disqualified were forced upon him in spite of his challenge for cause. Held, error fatal to the conviction. It is well settled in this State, as a principle of constitutional right, that no juror thus disqualified can be imposed on a defendant over his objection.</p> <p>2. Same. —The majority of the jury being unable to comprehend English, the defendant’s counsel asked leave to address them in a language they understood. The court below refused the request. Held, that the requested privilege, if it had been conceded, would not have purged the error in empanelling such jurors. Its refusal, however, effectually denied to the defendant his constitutional right to be heard by himself or counsel, or both.</p> <p>3. Verdict. — When the defendant has pleaded former conviction or acquittal, as well as not guilty, the verdict must expressly find whether the special plea is true or untrue.</p> <p>i. Theft — Receiving Stolen Property. — A conviction for receiving stolen- property, knowing it to have been stolen, may in this State be had under an indictment for theft; but a conviction for theft cannot be sustained on proof showing the offence to be the receiving of stolen property, knowing it to be such.</p>