Criminal Procedure – Juries – Effect of Disqualified Juror on the Verdict

Defendant was convicted of selling whiskey and imprisoned in the county jail. After the time for appeal had elapsed he discovered that one jury member had been an unpardoned convict. In a habeas corpus proceeding the defendant urged that the judgment was void and subject to collateral attack. The county court refused to discharge the defendant. On appeal, held, affirmed. Discovery after the verdict that a convict sat on the jury, contrary to statute, gives an automatic right to a new trial. However, since the defect only renders the verdict voidable and not void it must be challenged within the time allotted for appeal or motion for a new trial and it cannot be the subject of a collateral- attack in a habeas corpus proceeding. Ex parte Bronson, (Tex. Crim. App. 1952) 254 S.W. (2d) 117.