Evans v. State

The opinion of the court was delivered by

Beasley, Chief Justice.

There has been a plain mistrial in this case.

This was the course pursued: A list of thirty-six jurors-was drawn in the ordinary -way; four of these were excused by the court; and the prosecution thinking that a panel of forty-eight was necessary, the sheriff added to the original panel sixteen new jurors.

This was erroneous. It is only when the defendant has-twenty challenges that this can be done; in this case the defendant was not so entitled; he was tried, not for rape, but for a statutory misdemeanor. In that situation the…