Stagner v. State

Citations

• 9 Tex. Ct. App. 440

Syllabus

<p>1. Jury Law—Voir Dire. — The paramount object of the preliminary examination of jurors in any case, but especially in trials for capital felonies, is to secure to the accused a fair trial by an impartial jury, in conformity with a constitutional guaranty and the statutory regulations subordinate thereto.</p> <p>2. Bias — Disqualifying Conclusions. — Challenge for cause is an objection to a particular juror, alleging some fact which renders him incapable or unfit to serve on the jury; as, for instance, that he has a bias or prejudice in favor of or against the defendant, or that, from hearsay or otherwise, there is established in his mind such a conclusion as to the guilt or innocence of the defendant as will influence his action in finding a verdict.</p> <p>3. Same—Practice. —To test the existence of such disqualifying conclusion, it is enacted that the juror shall be first asked whether, in his opinion, the conclusion will influence his verdict, and that, in case he answers affirmatively, “he shall be discharged.” Held, that this statutory injunction is imperative, and that no further examination of the juror is legitimate after he has answered that the conclusion, however formed, will, in his opinion, influence his verdict.</p> <p>4. Same.'—If, however, the juror answers that the conclusion will not influence his verdict, then the law provides that he shall be further examined hv the court, or under its direction, as to how his conclusion was formed and the-extent to which it will influence his verdict. Held, that this further examination is to satisfy the court of the juror’s impartiality, and if the court is not so satisfied the juror should he discharged, whether challenged or not. No formula or general rule controls this further examination, hut it should be restricted to the imputed disqualification; and the juror, unless contumacious, should not be subjected to the treatment of a refractory witness. Consult the opinion in extenso on this subject.</p> <p>6