Thomas v. State

Citations

• 36 Tex. 315

Syllabus

<p>1. When a case is regularly reached on the docket, it has a preference over all other cases, unless for some good and sufficient reason the court may pass it for hearing at a future date; and a party cannot legally be compelled under any circumstance to go to trial in any case, civil or criminal, until such case is properly reached on the docket, in the due course of the business of the court.</p> <p>2. Article 1461 of Paschal’s Digest, which provides that “ all suits shall be “ tried or disposed of in the order in which they stand on the docket, “ unless otherwise ordered by the court with the consent of the parties,” is field to apply with equal force to criminal as to civil cases.</p> <p>3. M., summoned as a juror in a criminal case, in answer to certain questions put to him on his voir dire, touching his qualifications as a juror, stated that he had formed a conclusion on hearsay, as to the guilt or innocence of the defendant, and that it would require testimony to remove that conclusion, when he would be able to decide the case according to the law and evidence. Held, to be a competent juror. When the rule laid down by the statute is complied with, nothing further can be demanded.</p> <p>4. W. and T. were jointly indicted for theft, but severed on their trials. D. was a member of a jury that convicted W. of the ofiense. Held, that this fact did not disqualify D. from serving as a juror on the trial of T.</p>