Nance v. State

Citations

• 21 Tex. Ct. App. 457
• 1 S.W. 448
• 1886 Tex. Crim. App. LEXIS 172

Syllabus

<p>1. Jurisdiction of the District Court—Constitutional Law—Cases Approved.—The district court of this State has jurisdiction to try an indictment which charges a felony.that includes a misdemeanor, and to proceed to judgment not only as to the felony, but as to any lower grade of offense of which the verdict may find the accused guilty. This doctrine is not, as contended by the appellant, in conflict with the provisions of our State Constitution. Note the opinion for an approval upon this question of Harberger’s ease, 4 Texas Court of Appeals, 26; Ingle’s ease, Id., 91, and Montgomery’s ease, Id., 140.</p> <p>2. Jury Law—New Trial.—The mere fact that a juror conversed with a person not a juror about the ease, pending the deliberation of the jury upon the case, does not, as a matter of course, entitle the defendant to a new trial, even in a felony case. It must be made to further appear that the defendant probably suffered injustice by means of the Juror’s improper conduct. The record in this ease fails to disclose the substance of the conversation complained of, wherefore this court can not hold that the trial court abused its discretion in refusing the new trial applied for.</p>