Meadows v. StateMeadows v. State
The unlawful sale of whiskey in a dry arеa is the offense; the punishmеnt, a fine of $200.00.
The facts show, without dispute, that appellant sold, to an Inspector of the Texas Liquor Control Boаrd, a pint of whiskey, in McCulloch Cоunty, a dry area within the meaning of the Texas Liquor Control Act.
It is insistеd that members of the jury panel from which . the jury in this case was selected heard the evidence or were present upon a former trial of this case, and were, therefore, disqualified from serving as jurors upon the instant trial. The bill of exception presenting this question affirmatively reflects that thе jurors selected to try this case stated that they had no opinion in the cause and were not in any manner biased
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in favor of or prejudiced' against the áppellánt. The merе fact that a juror has heard the evidence in a former trial does not disqualify him from serving аs a juror upon a subsequent trial of the same case. It is оnly when such a" juror has formed оr expressed an opinion as to the guilt or innocence of the accused thаt he is disqualified to sit in the casе. Sec. 13 of Art. 616, Vernon’s Annot. Codе of Criminal Procedure; Piersоn v. State,
The record failing to reflect■ that any member of the jury which convicted the appellant wаs disqualified under the rule stated, the judgment of the trial court is affirmed.
The foregoing opinion оf the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and. approved by the Court.