Proceedings of the ... Annual Sessions of the Texas Bar Association
Proceedings of the ... Annual Sessions of the Texas Bar Association
Texas Bar Association
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I have not had the time nor opportunity to examine how fully such holding is supported by reason and other authority, but conced- ing that the term "jury" in the constitution of the United States and in our own State imports twelve men, and that by legislative enactment we are bound by the common law rule on the subject, yet these are but obstacles that may be lawfully removed should it generally be deemed wise to adopt the rule suggested. Webster and Bouvier both define a jury to be "A body of... men who are sworn to declare the facts of a case as they are delivered from the evidence placed before them." The number, qualifications or method of selection not being stated. An examination of the legislative enactments of this State, and of the other States, will develop the fact that the mode of selection and qualification of jurors is not and has not been uniform. Under our present jury- law, and I regard it the best we have ever had, the juries are selected by three jury commissioners appointed by the court.
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