But where the examination of a juror shows that he has not formed a fixed or positive opinion, or one merely hypothetical from rumor or newspaper statements, and declares that he can try the case fairly, he is not disqualified.36 The fact that a juror may have become acquainted with what purported to be the facts of a case by talking with the witnesses or otherwise, will not render him incompetent, although he may believe what he heard if he formed no positive opinion.37 So, the fact that one who was present as a spectator and heard the evidence in one case is not, for that reason alone, disqualified from serving as a juror in the next case substantially on the same issue.38