Companion case toTaylor in which our Court noted that defendant, knowing that "shield" victim might be fired upon, was "responsible for the reasonable, natural, and probable result of his act, to wit, placing deceased in a place of danger, where he would probably lose his life."
How later courts described this case
- Companion case toTaylor in which our Court noted that defendant, knowing that "shield" victim might be fired upon, was "responsible for the reasonable, natural, and probable result of his act, to wit, placing deceased in a place of danger, where he would probably lose his life."
- denial of agreed motion for continuance is not cause for reversal “unless some legal reason is shown whereby an injustice has been done appellant”
Written by the judges who cited it.
The opinion
The bill of exceptions in regard to the juror Warren shows no reversible error. While I believe the cause for challenge should have been sustained in regard to this juror, yet this was waived by appellant's refusal to exercise his peremptory challenge, which he could have done. When the cause for challenge was overruled, he accepted the juror without having exhausted his peremptory challenges. Thereafter there was no legally objectionable juror placed upon the jury. If appellant was not satisfied with the juror Warren, he should have exercised his peremptory challenge. Not having done so, he is in no position to complain. For authorities, see White's Ann. Code Crim. Proc., sec. 756. Warren was the eleventh juror sworn in, and Griggs, the twelfth juror, is admitted by the bill of exceptions to have been qualified.
[NOTE. — Appellant's motion for rehearing was overruled without a written opinion. — Reporter.] *Page 635