O'Mealy v. State

Citations

• 1 Tex. Ct. App. 180

Syllabus

<p>1. New Trial—Incompetent Juror.—Being convicted of theft, the accused applied for a new trial on the ground that one of the petit jurors was not a citizen of the state, supporting the application by his counsel’s affidavit that at the time of the trial the non-citizenship of the juror was unknown, to accused and his counsel. Held, that it was not error to overrule the application; the juror’s non-citizenship is not oné of the statutory grounds-for new trial in felony cases; and the showing was defective in failing to make it apparent that the accused had been prejudiced by the non-citizenship of the juror, and also in failing to show that the ignorance of accused and his counsel of the non-citizenship of the juror was not attributable to their want of diligence.</p> <p>2. Charge op the Court.—Though, on his trial for theft, the accused neither-excepted to the charge given to the jury nor asked further instructions, yet, as it is apparent to this court that the district judge failed to distinctly set forth to the jury the law applicable to the case, and that a portion of his charge was without evidence to support it, and that the-entire charge may well have confused and misled the jury, it is held that the judgment be reversed and the cause remanded.</p>