Wolfe v. State

In Wolfe v. State, 147 Tex. Crim. 62, 178 S.W.2d 274 (1944), the Court interpreted the predecessors to those provisions (which are materially the same as the current provisions with regard to the issue at hand) to confer upon the defendant an unbridled right to exercise the number of peremptory challenges given. Wolfe, 178 S.W.2d at 280. This unbridled right is violated when the defendant is forced to use a peremptory challenge on a juror who should have been removed for cause, and as a result, the defendant is required to accept a different juror who is objectionable to him. Wolfe, 178 S.W.2d at 279-281.