Zimmerman v. State

One of the jurors who tried this case, on his voir dire, made this statement: “ I acted as bailiff, by appointment of the sheriff, in this cause, and as such subpoenaed the witnesses for the State herein at this term of-this court for this day, and I had been placed upon' the regular panel of jurors the day before to fill a vacancy therein.” The appellant unsuccessfully challenged the juror for cause.

The challenge should have been sustained. A man called as a juror can not be permitted to act as the bailiff of the sheriff in serving subpoenas in a prosecution for a criminal offence and retain…