# Keaton v. State

> Court of Criminal Appeals of Texas · April 11, 1900 · 41 Tex. Crim. 621

URL: https://www.frixlaw.com/law-library/cases/3955390

## Case

- **Full name:** Pearce Keaton v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 11, 1900
- **Citations:** 41 Tex. Crim. 621; 57 S.W. 1125; 1900 Tex. Crim. App. LEXIS 58
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Brooks, Davidson
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3955390

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3955390. Public record. Not legal advice.