Page v. State

Citations

• 22 Tex. Ct. App. 551
• 3 S.W. 745
• 1886 Tex. Crim. App. LEXIS 287

Syllabus

<p>1. Jury Law—New Trial.—Second cousins are related to each other in the third degree. One of the grounds of challenge for cause to a juror is that he is related to the injured party within the third degree of consanguinity or affinity. It is made to appear in the motion for new trial in this case that one of the trial jurors was the husband of the second cousin of the alleged injured party, and that, upon his voir dire, he stated that he was not related to the injured party by consanguinity or affinity, and that he was accepted by the defendant under the belief that his statement was true. Held, that the new trial should have been awarded.</p> <p>2. Theft—Fact Case.—See the statement of the case for evidence held insufficient to support a conviction for cattle theft, wherefore a new trial should have been awarded.</p>