Rice v. State
| Decision Date | 22 January 1908 |
| Parties | RICE v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Grayson County Court; J. W. Hassell, Judge.
Malley Rice was convicted of violating the local option law, and he appeals. Reversed.
F. J. McCord, Asst. Atty. Gen., for the State.
This was a conviction for violation of the local option law; the punishment assessed being a fine of $50 and 30 days' imprisonment in the county jail.
The case must be reversed, for the reason that one of the jury which rendered the verdict against appellant had theretofore been convicted and sentenced for perjury, and it was agreed, as shown by bill of exceptions, that the juror had never been pardoned and that his citizenship had never been restored. Subdivision 3 of article 673 of the Code of Criminal Procedure of 1895 provides, as ground for challenge of any juror in a criminal case, "that he has been convicted of theft or any felony." Article 676 of the Code of Criminal Procedure of 1895 contains the following provision: "No juror shall be impaneled when it appears that he is subject either to the third, fourth or fifth clause of challenge in article 673, although both parties may consent." The disqualification contained in subdivision 3 of article 673 has been held to be absolute. See Greer v. State, 14 Tex. App. 179. The only departure from this rule ever authorized by this court was in a case where a convict had been pardoned by the Governor, and where the pardon removed his disabilities of citizenship. See Easterwood v. State, 34 Tex. Cr. R. 400, 31 S. W. 294.
As presented in this record, it is clear the case must be reversed for the cause stated; and it is accordingly so ordered.
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Mason v. State
...constitutional prohibition, apart from the more general prohibition as to felony convictions, since 1845); see also Rice v. State , 52 Tex.Crim. 359, 107 S.W. 832, 833 (1908) (holding that individual finally convicted and sentenced for perjury was absolutely disqualified from serving on a j......
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Thomas v. State, 69811
...Johnson v. State, 84 S.W.2d 240, 241-242 (Tex.Cr.App.1935); Hooper v. State, 70 S.W.2d 431 (Tex.Cr.App.1934); Rice v. State, 52 Tex.Crim. 359, 107 S.W. 832 (1908). See Frame v. State, 615 S.W.2d 766 (Tex.Cr.App.1981). See also Ex parte Bronson, 254 S.W.2d 117 (Tex.Cr.App.1953). Cf., Walker ......
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Ex parte Bronson
...a ground of the motion for new trial. The plea was denied only because it was shown that the juror had been pardoned. In Rice v. State, 52 Tex.Cr.R. 359, 107 S.W. 832, a local option case, the judgment was reversed because a juror had been convicted of perjury and had not been pardoned. The......
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Heath v. State, 27402
...from jury service and that such disqualification could not be waived. I call attention to some of the cases so holding: Rice v. State, 52 Tex.Cr.R. 359, 107 S.W. 832; Lowe v. State, 88 Tex.Cr.R. 316, 226 S.W. 674; Spears v. State, 91 Tex.Cr.R. 51, 237 S.W. 270; Hughes v. State, 105 Tex.Cr.R......