The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-06-28

George Lester v. The State of Texas;
appeal from Milan. Opinion by
White, j.
!. The counsel for appellant contend
that the court below erred in permit
ting the county attorney, over the OBJ
jections OF the appellant, to ask the
jury 'if they could return the same
kind Of verdict against white man
for killing negro that they would
against white man for killing another
white man upon the same evidence"
Held, that the court did not err in per-
uniting the question to be asked. IL
there be, as the argument indicated, in
this country men who feel and believe
morally, socially, politically or relig-
Iously that it is not murder for white
man TO take the life OF a negro with
malice afore-thought, such men are not
fit jurors in contemplation Of law to try
white man for such crime. Mer
holding such opinion cannot be said to
be without bias or prejudice in favor
OF a white man who Is the defendant.
2. The second objection is that ''tke
juror, j. b. Baldridge, was accepted
as juror and acted as Juror and par
ticipated in the finding OF the verdict
in this ease without having been tested
whether or not he was householder
in Williamson county or freeholder
in the State OF Texas, and because said
Juror was not IN fact householder in
Williamson county or freeholder in
the State of Texas" This objection is
presented for the first time in the mo-
ti0n TO set aside the verdict and for a
new trial. II is contradicted by the
recitals in the judgment to the effect
that.the jurors (naming them had been
"duly tried, empancled and sworn"
HeH, That if there was only objection
10 the competency OF the juror, which
would have been good cause of chal-
lenge, it should have been urged when
the jury was empancled, or the de-
PENDANT should have adduced, ut least,
the evidence OF his own affidavit to the
fac. that the objection was not known
TO him % Tex, 20), and that the dis
qualification might not have been
known and asccTtaIncd by him upon
proper inquiry before accepting the
lnror.
3. The affidavit OF the juror in this
case was taken and submitted to the
court for its consideration in deter
mining the matter of his competency.
He states that "tbe ailiaut is not
freeholder in the State of Texas; but
that he, afliant, rents land for cultiva-
ton from l.. M. Kalb, of Milan
county, Texas, and that he, afliant,
live in house situated upon said rent
ed premises, sleeps in said house, has
his own furniture in said house, keeps
all his things in said house, and has
all things kept and used in said house,
except his eating, aud his eating he
does at the house of II. NJ. Kalb with
his family; that ailiant has no family,
but is single man, and that his
brother, J. w. Baldridge, younger
than himself, lives with him in said
house, rented premises; that ailiant
has his own farming implements and
his own stock on said rented premises
and lives wholly separate and apart
from =. NJ. Kalb, except atlantis eat
ing aforesaid" Held, that if the ex-
ception were not otherwise wholly OBJ
jectionable as 10 the time and manner
OF its presentation rs shown above,
VI IhC JuIOI ndhO
been amply sufficient TO have met and
defeated it. He was competent
juror.
4. An instruction to the jury upon
case of n conflict brought on by the
accused, giving only the law applicable
ii the conflict had been brought on
with intent to kill, is erroneous; the
failure to instruct the jury upon the
law, had the conflict been brought on
fer any other purpose, might convey to
the jury the impression that the con-
fiict had been brought on with intent
to kill. IA Texas, 473) The court
below having given such charge, the
cause Is reversed.
Reversed and remanded.
Davis v. The State; appeal from Nc
Lehman. Opinion by Ector, p. j.
l. 1t is no legal objection to the
charter of the city Of Waco that
authorized the city authorities of
Waco TO license bawdy houses in
Waco, when there was an express pro-
vision Of the code making it misde-
meanor to keep such houses in all
other parts of the State. There was
nv OOhsbitutiOhil plONlSlOn Wucn llC
special act was passed, which pre-
vented the passage of such an act.
(Cooley's Const. Lims., 3 ed, 1913 and
800; 10 Peck, SOL; 81 Mass, 222; "A
No., 547; 1 Dillon on Mum. Corp, sec.
81, 3 ed, and authorities referred to
in his notes; 20 Nd, 516; 81 No., II;
Orr Y. Rhine IL Bro, decided by S. G.,
Tyler term, 1879 A license taken
out in conformity with the charter by
any one will shield him or her from
criminal proceedings 10y tEo State. -
9. The mere repeal of an ordinance
or statute after issuance of license
does not effect its validity. By the
charter OF Waco the city could ut any
time revoke the license on repayment
OF any amount of which may have
been paid by the holder of said license
after deducting the amount due ON the
time expired. II tins had been done,
defendant would have been liable to
punishment under the general law for
longer following the occupation of
keeping house of public prostitution
W the county of McLennaa. 1921.
Reversed and remanded.