Speiden v. State

Citations

• 3 Tex. Ct. App. 156

Syllabus

<p>1. Petit Jury—Organization.—The defendant challenged for cause several of the regular panel, and then demanded that the panel be filled before he be required to make his peremptory challenges. Held, that, inasmuch as there was no residuum from which to supply the places of those challenged for cause, the court correctly required the defendant to proceed with those remaining.</p> <p>2. Same.—After all challenges there remained but eleven of the regular panel, and the court ordered the sheriff to supply the deficiency by summons of a person having the requisite qualifications. Held, to be in conformity with the provisions of the Jury Act.</p> <p>3. Evidence. —Experts are persons selected by courts or by parties litigant, on account of knowledge and skill, to examine, estimate, and ascertain things, and make report of their opinions. They are permitted to give in evidence their opinions, as well as the facts. The Code of this state expressly authorizes proof of handwriting by comparison made by experts or by the jury trying the cause. Paso. Dig., art. 3132.</p> <p>4. Experts.—Experienced tellers of banking-houses, whose daily duties require them to pass upon signatures, etc., and who consider themselves qualified to judge of handwriting, are competent expert witnesses, under the Code, to prove handwriting by comparison. Haynie v. The State, 2 Texas Ct. App. 168, distinguished from the present case.</p> <p>5. Hearsay. —In a trial for burglary it was proved that several detectives had, as decoys for the accused, concerted with him to enter and rob a bank, and one of them was allowed, over objection, to testify what another told him the accused had said about the enterprise while concerting it. Held, that such testimony was but hearsay, and should have been excluded.</p> <p>6. Burglary. — Certain bankers, apprehending an attempt by one S. to rob their bank, employed detectives, who, by authority of the bankers, decoyed him into the bank. Held, that the consent of the d