Court of Civil Appeals of Texas
397 S.W.2d 121 (Tex. Civ. App. 1965)
Mrs. Flowers (plaintiff) brought a child custody suit against Mr. Flowers (defendant). The jurors were told during voir dire that Mrs. Flowers drank on occasion and had had too much to drink on a couple of occasions. Mrs. Schmidt, a prospective juror, was asked about her attitude toward drinking and she stated “I am against drinking in any manner, any kind.” She stated that these feelings would affect her judgment in the case and specifically that she would hold it against Mrs. Flowers if the evidence showed that Mrs. Flowers drank socially on occasion. Based on this, Mrs. Flowers filed a motion for mistrial and for new trial. The trial court overruled Mrs. Flowers’s challenge of Mrs. Schmidt’s presence on the jury. Mrs. Flowers appealed.
Rule of Law
Holding and Reasoning (Chapman, J.)
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