Tooney v. State

Citations

• 8 Tex. Ct. App. 452

Syllabus

<p>1. Jury Law—Bias. — One is not a competent juror who, when empanelled, entertains such an opinion respecting the guilt or innocence of the accused as will influence his verdict.</p> <p>2. Same on Appeal. — A conviction will not be set aside on appeal because a challenge for bias was erroneously overruled, unless the defendant’s-peremptory challenges were exhausted when the juror was forced upon him. This court will not revise the rulings of the court below in empanelling the jury, when it does not appear that the defendant was deprived of a fair and impartial jury.</p> <p>3. Evidence — Hearsay.—In a trial for murder by poisoning, a witness for the State having testified that he found the deceased, the day before he died, prostrated and helpless behind a saloon and gambling-house with which the defendant was connected, the State inquired what was then said by the deceased as to how he came there. The defence objected, on the ground that any such statement of the deceased could be but hearsay. The objection was overruled, and the witness answered that the deceased stated that he was not drunk, but had been drugged and dragged there. Held, that the statement of the deceased, made under such circumstances, was admissible as res gestes, and as showing his bodily condition at the time.</p> <p>4. Same. — In the same connection, the State inquired what was the defendant’s business when the deceased was so found; to which the defendant objected for irrelevancy, and because he had not put his character in issue. The objections were overruled, and the witness answered that the defendant was a “ copper and roper-in ” (i.e., a drummer) for the gambling-house behind which the deceased was found. Held, that the question did not put the defendant’s character in issue, and the evidence was admissible. And it was further allowable for the State to prove expressions and conduct of.the defendant indicating apprehension on his own account in consequence of the condition of the deceas